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12-04-2007 Meeting & PC "�rc • CITY OF SCANDIA CITY COUNCIL AGENDA December 4, 2007 7:00 P.M. 1. Call to Order and Pledge of Allegiance 2. Roll Call 3. Approval of the Agenda 4. Public Hearings (None) 5. General Business a) Appoint Directors to Forest Lake Cable Commission b) Designate Auditor for Fiscal Years 2007, 2008 and 2009 c) Set Meeting Date for Final Budget Work Session d) Employee Health Insurance Benefits for 2008 e) Employee Pay Rates for 2008 0 Utility Permit, Wright's General Contraction/ Frontier Communications g) Appointment of Seasonal Maintenance Workers 6. Recommendations from the Planning Commission a) Amendment to Development Code, Shoreland Management Regulations, Chapter 5 (Ordinance No. 107) b) Discussion of Minnesota Land Trust's Evaluation of Conservation Easements and Options for Future Management c) Reschedule January 1, 2008 Meeting 7. Adjournment Meeting Date: 12/4/2007 Agenda Item: c a ) City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Appoint two (2) Directors to represent Scandia on the Forest Lake Cable Commission. Deadline/ Timeline: N/A Background: • At the November 20, 2007 meeting, the Council approved the revised Joint Powers Agreement(JPA) with the Forest Lake Cable Television Commission, which consists of the cities of Forest Lake, Scandia and Columbus. Appointment of Directors was postponed to the December 4 meeting. • The JPA specifices that each city will be entitled to appoint by resolution two (2) Directors to 2-year terms, at least one of whom shall be a member of the City Council. The other must be a qualified voter residing in the city. • Scandia has been represented on the Commission by Mike White. Recommendation: I recommend that the Council adopt the attached resolution (draft Resolution No. 12-04-07-01) appointing two directors for terms ending December 31, 2009. The names in the resolution have been left blank,but one must be a City Council member. Attachments/ • Draft Resolution 12-04-07-01 Materials provided: Contact(s): Mike White(651 433-3579) Prepared by: Anne Hurlburt, Administrator (Cable commission directors) Page 1 of 1 11/27/07 CITY OF SCANDIA RESOLUTION NO. 12-04-07-01 APPOINTING DIRECTORS TO THE FOREST LAKE CABLE COMMISSION WHEREAS, the City of Scandia is party to a joint and cooperative agreement with the municipalities of Forest Lake and Columbus governing the establishment of the Forest Lake Cable Communications Commission; and WHEREAS, the purpose of the agreement is to establish an organization to monitor the operations and activities of cable communications and related communications matters, provide coordination of administration, enforcement and renewal of the franchises of the members, and to conduct such other activities as may be necessary to protect the interest of the members and its citizens with respect to the deliver of cable communications and related communications matters; and; WHEREAS, the City of Scandia is entitled to appoint two Directors to represent Scandia on the Commission; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does appoint and to serve as Directors, for terms expiring on December 31, 2009. Adopted by the Scandia City Council this 4th day of December, 2007. Dennis D. Seefeldt, Mayor ATTEST: Administrator/ Clerk Meeting Date: 12/4/2007 Agenda Item: J 6 ) City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651)433-2274 Action Requested: Designate LarsonAllen as the city's auditor for the fiscal years 2007, 2008 and 2009. Deadline/ Timeline: N/A Background: • In September, Eide-Bailly, the long-time auditor for New Scandia Township, informed the City that they will no longer have the time or resources to retain Scandia as a client. In September the Council authorized release of an RFP for audit services. Five responses were received by the October 26, 2007 deadline. All of the firms have the qualifications and ability to perform the services requested. • The Council reviewed the responses to the RFP at the November 6 meeting, and authorized Administrator Hurlburt and Treasurer Firkus to interview the top firm (Abdo Eick & Meyers)based on the written proposals, and additional firms at their discretion. • Two firms were eliminated from further consideration. HLB Tautges Redpath was the highest cost proposal, even though their level of effort was lower than several others (170 hours.) Their timing was also outside of what was requested in the RFP. Smith Schaefer was also eliminated because of the lack of detail in their proposal and the low level of effort (155 hours) even though they had the lowest cost proposal. • Staff interviewed the remaining three firms on Monday, November 26. Based on the outcome of the interviews and further review of the written proposals, we recommend the selection of LarsonAllen for the following reasons: > LarsonAllen's cost proposal was most favorable. > The level of effort in the proposal (205 hours) for the price proposed appears to be the best value of the three proposals. > LarsonAllen is a large,but local, firm with depth and resources in all matters of public finance. ➢ The audit staff appears to be a good team, compatible with each other and with our staff. The audit principal would be spending significant time on site. Page 1 of 2 11/28/07 • The RFP requested prices for auditing the Scandia Fire Relief Association as part of the Audit. LarsonAllen quoted a price of $3,500 per year. This is more than the Relief Association has been paying for their audit and this option would not be included in the contract. • The proposed costs with LarsonAllen (not including the Relief Association audit) would be $19,950 for the first year, and $73,425 over the three-year period. The first year cost is consistent with the draft budget for 2008. • References provided by the firm were contacted. All have reported satisfaction with their services. Recommendation: I recommend that the Council designate LarsonAllen as the city's auditor for the fiscal years 2007, 2008 and 2009, and authorize the Mayor and Administrator to sign a contract. Attachments/ • Spreadsheet summarizing proposals Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (audit firm selection) Page 2 of 2 11/28/07 Audit Service Proposals 2007 Abdo Eick&Meyers HLBTautges Redpath KDV LarsonAllen Smith Schafer 2007 2008 2009 2007 2008 2009 2007 2008 2009 2007 2008 2009 2007 2008 2009 Audit 24,720 25,974 27,300 18,000 18,800 19,600 17,775 18,650 19,625 19,750 20,775 21,800 15,130 16,030 17,104 Financial Statement Preparation 4,000 4,200 4,400 i 3,000 3,150 3,300 Accounting Assistance 4,000 4,000 4,000 2 Financial Statement Processing 825 900 975 200 200 200 Handle Confirmations(if requested) 300 310 320 Process State-Mandated Reports 490 515 541 500 515 530 750 750 800 Total Estimated Fee $25,210 $26,489 $27,841 $26,000 $27,000 $28,000 $22,400 $23,525 $24,750 $19,950 $20,975 $22,000 $15,880 $16,780 $17,904 Three Year Totals $79,540 $81,000 $70,675 $62,925 $50,564 Add Fire Relief Audit Option: Fire Relief Audit 3,200 3,360 3,528 3,000 3,100 3,200 3,600 3,750 3,900 3,500 3,500 3,500 3,750 3,950 4,150 Total All-Inclusive Price $28,410 $29,849 $31,369 $29,000 $30,100 $31,200 $26,000 $27,275 $28,650 $23,450 $24,475 $25,500 $19,630 $20,730 $22,054 Three Year Totals $89,628 $90,300 $81,925 $73,425 $62,414 Hours: 220 170 175 205 155 Cost Proposal Rank(high to low): 2 1 3 4 5 NOTES: Governmental experience: 90%service to city gov't 25%of practice 61 cities and townships Over 1,000 public sector clients (national) Area local governments they audit: Lindstrom,Chisago City,Isanti East Bethel,Wyoming,Hastings, Forst Lake,Taylors Falls,Shafer Cottage Grove,Lino Lakes, Hugo,St.Paul Park,Osseo Mahtomedi,May Township,North Stillwater,Whte Bear Township, Branch,Oak Park Heights,Cambridge, Washington County Washington Co.HRA Size of firm: 55 staff total 95,22 in local gov't audit group 90+employees,26 in gov't audits 350 in Mn,70 in public service group 61,29 CPAs Office location: Edina White Bear Lake Brooklyn Park Minneapolis Maplewood Meeting Date: 12/4/2007 Agenda Item: G City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Consider setting a date for a final budget work session, prior to the budget/ levy adoption scheduled for the December 18, 2007 meeting. Deadline/ Timeline: The last regular meeting for 2007 is December 18. The budget must be adopted and the levy certified by December 28. Background: • It has been suggested that the Council may wish to hold a final work session on the 2008 budget, so that input received at the December 3, Truth in Taxation hearing can be considered, along with any other changes that you may wish to make before the final adoption. • More detailed estimates of the 2007 year-end will also be available soon, which the Council may also wish to consider before adopting the 2008 budget. • One possible date for a work session is Monday, December 17. Recommendation: I recommend that the Council schedule a work session if you feel it would be beneficial. Attachments/ • None Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (final budget work session) Page 1 of 1 11/27/07 Meeting Date: 12/04/2007 Agenda Item: 5- d) City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Approve employee health insurance plan for 2008 (Resolution 12-04- 07-02) Deadline/ New policy year begins January 1, 2008. Timeline: Background: • In March, the Council approved the health insurance plan with Blue Cross Blue Shield (BCBSM) (Service Cooperative Health Plan #176) for the period of 3/1/07 to 12/31/07. The City joined the Southwest/West Central Service Cooperative, a pool of 126 cities, counties and other governmental units. • The current plan is a major medical plan with an annual deductible ($1,375/yr for individuals, $2,750 for family in 2007), paired with a health savings account (HSA) to help pay the deductible. • In 2007, the premium for single coverage is $231.50 per month, and the premium for family coverage is $741.50 per month. The cost of coverage was divided between a full-time employee and the city as follows: 2007 Rates Single Family City Share City Share Employee Monthly Premium $231.50(100%) $593.20(80%) $148.30(20%) HSA Contribution $91.70 $100.00 Total $323.20 $693.20 $148.30 • The City contribution to the health savings account(HSA) was initially intended to be $100.00 per month for all participants. It was reduced to $91.70 for single coverage based on our agent's interpretation of IRS rules. (We have since learned that this was an incorrect interpretation.) • In 2008, our rates will increase by 17.6%, to $272 for single coverage and $872 for family coverage. This is based on the overall experience of the pool, as Scandia was too new to the plan to be rated on our own claims experience. Deductibles will increase to $1,450 (single) and $2,825 (family.) Page 1 of 2 11/27/07 • We recently received a report with our claims experience for the first six months on the health plan. Actual claims were only 65% of expectations, indicating a good experience rating. If this continues, it should have a positive impact on our rates for 2009. • The Human Resources Committee(Council members Crum and Peterson and Administrator Hurlburt) met on November 14, 2007 to discuss the health insurance plan for 2008. The Committee recommends that the cost of coverage be divided between a full- time employee and the city as follows: 2008 Rates Single Family City Share City Share Employee Monthly Premium $272.00(100%) $697.60(80%) $174.40(20%) HSA Contribution $100.00 $100.00 Total $372.00 $797.60 $174.40 • For eligible part-time employees (working 30 or more hours per week) the Committee recommends that the city continue to pay the full cost of single coverage, but reduce the contribution to the HSA so that the total city contribution is 75% of the amount paid for a full-time employee. The HSA contribution for a part-time employee would therefore be $7.00 per month, for a total city contribution to health care of$279.00 per month (75% of$372.00.) If a part-time employee wishes to purchase family insurance coverage, the city would contribute $372.00 per month toward the family coverage premium. • The draft 2008 budget reflects these recommended contributions to employee health care coverage. No additional city-paid benefits are recommended at this time. Recommendation: I recommend that the Council consider the recommendations of the Human Resources Committee, which have been incorporated into a draft resolution for Council action. Attachments/ • Draft resolution 12-04-07-02, Establishing City Contributions to Materials Employee Health Insurance Benefits for 2008 provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (health insurance 2008) Page 2 of 2 11/27/07 CITY OF SCANDIA RESOLUTION NO.: 12-04-07-02 RESOLUTION ESTABLISHING CITY CONTRIBUTION TO EMPLOYEE HEALTH INSURANCE BENEFITS FOR 2008 WHEREAS, the Scandia City Council has determined that it is the best interest of the City to provide a health insurance plan to help maintain the health of its current employees and to enable the city to attract and retain a quality workforce; and WHEREAS, on March 6, 2007 the Council adopted Resolution No. 03-06-07-02, establishing policies for employee health insurance benefits, including employee and city contributions to the cost of premiums for calendar year 2007; and WHEREAS, it is now necessary to determine the insurance plan and contributions to premium costs for 2008; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the renewal of the health insurance plan with Blue Cross Blue Shield (BCBSM) (Service Cooperative Health Plan#176) for the period of 1/1/08 to 12/31/08; and FURTHER BE IT RESOLVED, that for calendar year 2008, the City of Scandia's contribution to the total cost of providing health insurance benefits shall be as follows: City Contribution to City Contribution to Health Insurance Health Savings Account Premiums (Monthly): (Monthly): Full-time Employee (40 hours/week), ° Family Coverage: $697.60 (80/°) $100.00 Full-time Employee (40 hours/week), ° Single Coverage: $272.00 (100/°) $100.00 Part-Time Employee(30 to 40 hours/week), Single Coverage $272.00 (100%) $9.00 Part-Time Employee(30 to 40 $279.00 $0.00 hours/week), Family Coverage Adopted by the Scandia City Council this 4th day of December, 2007. Dennis D. Seefeldt, Mayor ATTEST: Administrator/ City Clerk Meeting Date: 12/4/2007 Agenda Item: p City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Adopt Resolution 12-04-07-03 setting employee pay rates for 2008. Deadline/ Timeline: N/A. Background: • The Human Resources Committee (Council members Crum and Peterson and Administrator Hurlburt)met on November 14, 2007 to employee pay rates for 2008 and various aspects of the personnel policy. • The Committee agreed that a general cost-of-living adjustment of 3% should be given for 2008. This is consistent with the 2008 draft budget. According to the most recent report (November 15, 2007) from the Bureau of Labor Statistics inflation in the Midwest Region for urban consumers in larger metropolitan regions was 3.5% from October 2006 to October 2007. • The Committee reviewed data from the Minnesota League of Cities Salary Survey. The chart attached summarizes the findings. Selected cities used for comparison purposes are 35 communities located within geographic proximity to Scandia, which the Committee considers to be the"market area" for attracting new employees. The selected jurisdictions include northern Washington and Ramsey counties, eastern Anoka County and Chisago County. • The survey provides 2007 data for comparison with Scandia's current pay levels. For most positions, Scandia appears to be paying under the market average. However, little data is available for most part-time positions or for seasonal positions. • The proposed 2008 pay rates reflect the cost-of-living adjustment, with the following exceptions: > Maintenance Supervisor— this is the only position currently affected by a provision in the existing personnel policy granting $600/year additional longevity pay for 10+ years of service for full time employees. The Committee recommends Page 1 of 3 11/28/07 eliminating this provision from the policy. To avoid a negative impact on the one employee affected (John Morrison) the $600/year was incorporated in the recommended hourly rate for 2008. ➢ Maintenance Worker, Full-Time-- when this position was filled 6 months ago, it was advertised at a range of$15.30 to $20.30 per hour. The employee (Mike Egelkraut) started at $17.30 per hour. In recognition of a more-than-satisfactory performance review after six months of service, and a review of the market data, the Committee recommended an increase to $18.30 per hour on his 6-month anniversary date(12/11/07.) The cost-of-living adjustment for 2008 has been applied to this new rate. ➢ Treasurer— this position has received only cost-of-living adjustments for many years. A market rate is difficult to determine for this position, as very few cities employ part-time finance and accounting personnel with this level of responsibility. The Committee agreed that this position should pay at least at the same level as the Deputy Clerk position. The Treasurer supervises some of the accounting functions performed by the Deputy Clerk. A quick review of the State Job Match Evaluation System indicates that these two positions may receive a similar number of points for determining pay equity compliance. The recommended 2008 pay rate is the same as the rate calculated for the Deputy Clerk. ➢ Seasonal, Part Time Positions—the rates for the recreation program teachers and youth leaders are not recommended to change at this time. If it is found that some adjustments are necessary when the programs are set in the spring, they can be made at that time. ➢ Election Judges—no change in the rate of pay for election judges is recommended for 2008. Scandia's rates compare well with those paid throughout Washington County(see survey, attached.) • In addition to the salary adjustments, one other change in employee pay is recommended for 2008, as discussed during budget workshop meetings in August. Instead of paying hourly staff$70.00 per meeting, we will change to paying their hourly rate. According to the work hours policies adopted in June, employees will receive a minimum of two hours pay for emergency work/callbacks. Recommendation: The recommendations of the Committee have been incorporated into a draft resolution for the Council's consideration. The Council may adopt it with any modifications you deem necessary. Page 2 of 3 11/28/07 Attachments/ • Draft Resolution 12-04-07-03 Materials provided: • Summary chart, pay rates and survey data • Washington County Election Judge Salary Survey, 2007 Contact(s): Prepared by: Anne Hurlburt, Administrator (2008 pay rates) Page 3 of 3 11/28/07 CITY OF SCANDIA RESOLUTION NO.: 12-04-07-03 RESOLUTION ESTABLISHING EMPLOYEE PAY RATES FOR 2008 WHEREAS, after considering market data, inflation, and other factors the Human Resources Committee has recommended modifications to the pay rates for Scandia city employees for 2008; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the following pay rates for 2008: Pay Rate Regular,Part and Full-Time Positions: (hourly unless otherwise indicated) Building/Code Enforcement Official $65,817 (annual) Maintenance Supervisor $25.38 Maintenance Worker(Full Time) $18.30 effective 12/11/07 $18.85 effective 1/1/08 Maintenance Worker(Part Time) $16.69 Deputy Clerk $18.10 Treasurer $18.10 Office Assistant $12.10 Recreation Program Coordinator $14.85 Seasonal,Part Time Positions: Recreation Program Teacher $12.00 Recreation Program Youth Leader—High School $7.50 Recreation Program Youth Leader—College $8.00 Skating Supervisor $10.56 Ice Rink Maintenance Worker $12.49 Park Attendant(Ice Rink) $8.59-9.09 Maintenance Worker, Seasonal (Snow Plowing) $17.00 Head Election Judge $11.00 Election Judge $9.00 FURTHER BE IT RESOLVED, that the provision in the Employment and Personnel Policies concerning Longevity Pay is hereby repealed, and FURTHER BE IT RESOLVED, that the policy providing for $70.00 "meeting pay" for hourly employees shall be discontinued, effective January 1, 2008. Adopted by the Scandia City Council this 4th day of December, 2007. Dennis D. Seefeldt, Mayor ATTEST: Administrator/City Clerk City of Scandia Pay Rates 1 ling Adjustment except as Noted Ann Position Title I Survey Data/ Notes Regular, Part & Full-Time Administrator !s: range $81,669-109,019($101,838 avg, 26 records) 100 pop: range$68,861-86,150 ($82,436 avg, 31 records) Building/ Code Enforcement Official 880_72,700 ($69,757 avg,19 records) Maintenance Supervisor ;600 longevity pay Range$21.63-27.42 ($25.94 avg, 16 Maintenance Worker (Full-Time) . increase at anniversary date(12/11/07) Single class-- 15-21.25 ($20.90 avg, 21 records) Streets- range $18.21- 87 avg, 6 records) Maintenance Worker (Part-Time) '50-14.57 ($13.06 avg, 5 records for PT Maintenance, ;andia) PT Laborer$13.40-16.35(Avg $12.83, 4 records) Deputy Clerk i1 ($22.61 avg, 9 records, most FT) Treasurer pay rate with Deputy Clerk position PT Accounting prox $25/hr avg, all cities Office Assistant (formerly Typist/ File Clerk 66 16.54 ($15.27 avg, 6 records) Receptionist) Recreation Program Coordinator .88-21.17($17.93 avg; 3 records PT incl. Scandia which e) Seasonal, Part-Time Recreation Program Teacher —ata available Recreation Program Youth Leader-High School/ College ata available Skating Supervisor Ice Rink Maintenance Worker —ata available "5 records for PT Maintenance, including Scandia) Park Attendant (Ice Rink) $13.40-16.35 (Avg $12.83, 4 records) Maintenance Worker, Seasonal (Snow Plowing) —'Council 11/06/07 —ata Election Judge available (PT HEO) Election Judge ita 2007, from "selected cities" unless otherwise indicated. Pay Rate Chart 2008 11/27/2007 3:39 PM 2007 ELECTION JUDGE SALARIES CITIES/TOWNSHIPS Head Judge Co-Chair Judge Returning Judge New Judge Afton $12.00 $12.00 $6.00 $6.00 Bayport $12.00 $12.00 $10.00 $10.00 Baytown TWP $10.00 $10.00 $8.00 $8.00 Birchwood $11.00 $11.00 $10.00 $10.00 Cottage Grove $10.00 $10.00 $7.50 $7.50 Dellwood $6.00 $6.00 $6.00 $6.00 Denmark TWP $8.50 $8.50 $8.50 $8.50 Forest Lake $11.00 $11.00 $10.00 $10.00 Grant $10.00 $10.00 $7.50 $7.50 Grey Cloud Island TWP $10.00 $10.00 $10.00 $10.00 Hugo $10.50 $10.50 $10.00 $10.00 Lake Elmo $11.00 $10.00 $9.00 $9.00 Lake St. Croix Beach $9.00 $9.00 $7.00 $7.00 Lakeland $9.97 $9.97 $7.00 $7.00 Lakeland Shores $13.00 $13.00 $10.00 $10.00 Landfall $8.50 $8.50 $8.50 $8.50 Mahtomedi $8.00 $8.00 $7.50 $7.50 Marine on St.Croix $10.00 $10.00 $10.00 $10.00 May TWP $9.00 $9.00 $8.00 $8.00 New Scandia TWP $11.00 $11.00 $9.00 $9.00 Newport $9.00 $9.00 $8.00 $8.00 Oak Park Heights $12.00 $12.00 $10.00 $10.00 Oakdale $10.00 $10.00 $8.00 $8.00 Pine Springs VOLUNTEER VOLUNTEER VOLUNTEER VOLUNTEER St. Mary's Point $15.00 $15.00 $10.00 $10.00 St. Paul Park $8.00 $8.00 $7.00 $7.00 Stillwater $11.30 $11.30 $8.75 $8.75 Stillwater TWP $18.00 $18.00 $12.00 $12.00 West Lakeland TWP $9.50 $9.50 $7.50 $7.50 White Bear Lake $8.00 $8.00 $7.50 $7.50 Willernie $5.25 $5.25 $5.25 $5.25 Woodbury $10.00 $10.00 $8.00 $8.00 Meeting Date: 12/4/2007 Agenda Item: l ) City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve a utility permit for Wright's General Contracting, on behalf of Frontier Communications, to place buried telephone cable to serve the Tii Gavo development. Deadline/ Timeline: N/A Background: • The contractor would be placing cable 315 feet along Lakamaga Trail, and boring across Lakamaga to the west side of Meadowridge Trail. • Ordinance#39, as amended by ordinance#42, requires utility companies to secure a permit from the City prior to installation of utilities in public rights-of-way. • City Engineer Tom Peterson has reviewed the application and has recommended approval. • Permit fees have been paid. Recommendation: Staff recommends that the Council approve the permit. Attachments/ • Permit application Materials provided: Contact(s): Frontier Communications 651 257-3151 Tom Peterson, Bonestroo 651 604-4868 Prepared by: Anne Hurlburt, Administrator (utility permit) Page 1 of 1 11/28/07 UTILITY PERMIT APPLICATION z gZq — Z/3 0 3 7 ff CITY OF SCANDIA 14727 209th Street North, PO Box 128, Scandia, MN 55073 651/433-2274 Facsimile Machine 651/433-5112 Application is hereby made for permission to place, construct and thereafter maintain the following: FEE: $50.00 Project Address(if known) M t`A DOL.//L 10 6 G 7/2/i/1 -To 1..-/4 KA..1 A c.4 7X Legal Description(attach if necessary) Property ID Number Type of Utility—General Description PL A ct /4u/e l i'e eP/ c/Ad G` cA6 t� Q �o5�� Llb-e� LAnt- (Ri`st, .-o t✓v CO m ry t n C a oil() -65013 Contractor Name Address City State Zip Phonc 4..a,4if 7 6e 4AI- Gunr7a.tc7..✓G a�92 (huY�. )f�� 4"K MA) alp 37,2- 332� 55 715 Describe Work and Submit Two(2) Copies of all Plans: QG/� [ C` 6uR/La ZB�EPt,/di'( GAl1 tC 31 5 ' ALutJ6 i.-, '"" ' �,✓A c-AADiJ RtAG6 l3oti "'9 t A t4055 LAYA� 64 At aN !L/d' c✓(57 3/O6' d�' �L >2 ,Ti 'me N(-rt.I) ; I I G A )° Start date: Completion date: �O 30- 01 oG• 7o- v8' I hereby certify that I have read and will comply with all of requirements of the Scandia Development Code that apply to the activity for which I am seeking permit approval. 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Iblio"""41 114: lis. — X A.C3\..... 1 inii \ r / , • FOrfj s ggNtt; 1 ..... ��oo ,/ A,;e5N$,,m 4, . aj !'il.164-1 . � • � tope -t lz ,(___, z , . \ /C; Meeting Date: 12/4/2007 Agenda Item: 3� \ City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Appoint two temporary Seasonal Maintenance Workers. Deadline/ Timeline: N/A Background: • The Township/City has in the past employed temporary, part-time Seasonal Maintenance Workers to help plow snow, in the case of major events or in the absence of the regular employees. • Maintenance Supervisor John Morrison has recommended that the Council authorize the hiring of Robert Lindblom and Bruce Swenson for the coming winter season: • Both have performed this work for the town/city in previous years and are qualified to operate the equipment. They will work on an as-needed basis. • The pay rate for 2007 is $16.50/hour, and is recommended to increase to $17.00 for 2008. Recommendation: I recommend that the Council appoint Robert Lindblom and Bruce Swenson as temporary, Seasonal Maintenance Workers for the 2007- 2008 snow plowing season. Attachments/ • None Materials provided: Contact(s): John Morrison, Maintenance Supervisor 651 433-5223 Prepared by: Anne Hurlburt, Administrator (seasonal maintenance workers) Page 1 of 1 11/28/07 Meeting Date: 12/4/2007 Agenda Item: / a) Planning Commission Agenda Report (.72C City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Hold a public hearing on an amendment to the Development Code, Shoreland Management Regulations, Chapter 5 (draft Ordinance No. 107.) Deadline/Timeline: N/A Background: • Scandia's Shoreland Regulations are currently those of Washington County, adopted by reference and modified by language in Chapter 2, Section 11.2 of the Development Code. • When the city amended its regulations in the spring of 2007 (to allow places of worship as a conditional use), Minnesota Department of Natural Resources (DNR) staff commented that the city needed to adopt its own shoreland regulations as soon as possible. They gave the city a list of public waters that need to be listed in the regulations in addition to those in the county's ordinance. Informally, they indicated that there were not other significant changes needed at this time. • A draft of a new Chapter 5 of the Scandia Development Code was prepared, using the County ordinance as a starting point. The approach was to keep the update as simple as possible and to not make major substantive changes at this time. The entire Development Code should be reviewed after the Comprehensive Plan update is complete. We wanted to avoid any un-intended consequences or major changes affecting property owners without more thorough consideration. It was assumed that the County ordinance, which had been adopted nine years ago, had met the DNR's approval and would require few modifications. • After the draft ordinance was reviewed by the Planning Commission and City Council at the October meeting, a public hearing was schedules for the December 4 meeting. Copies of the draft were referred to DNR staff, the Washington Conservation District and the city's three watershed districts for review and comment. • Initial comments were provided by DNR staff in early November. Some of their comments were technical corrections that have been incorporated into the draft ordinance. There were two significant concerns, however, that were not expected: the definition of shoreland, and Cluster Developments/Open Space Design Subdivisions. We were informed that the language in the County ordinance, which we had assumed was previously accepted by the DNR, had not been approved and that the DNR would be notifying the County (and other jurisdictions that have also adopted this language) that they are required to modify their ordinances to come into compliance with the DNR's standards. • The draft ordinance has been changed as recommended by the DNR to adopt their definition of"shoreland." The revised definition includes all land within 1,000 feet of the normal high watermark of a lake, pond or flowage, and land within 300 feet of a river or stream. The County's definition included only "Tier 1"or"Tier 2" lots within the specified distances. Without this change,the ordinance will not be acceptable to the DNR. This will expand the applicability of the shoreland regulations to some land area that was previously excluded from the overlay district. • The draft ordinance proposed to eliminate the County's language concerning Cluster Developments/Open Space Design Subdivisions, and instead refer to the City's new provisions for such developments (Chapter 2, Section 12 of the Development Code) which are more restrictive than the County's language. DNR staff agreed that while the City's language was more restrictive, it still did not conform to certain DNR requirements. After further discussions, the DNR has suggested that the reference to the city's new code language may be acceptable if the following additional requirements are placed on Open Space Conservation Subdivisions that fall within shoreland: 1. at least 70 percent of the land area within the shore impact zone shall be maintained in its natural state and preserved as permanent open space; and 2. any shore recreation facilities, including but not limited to swimming areas, docks, watercraft mooring areas and boat ramps shall be centralized and owned in common by all residents of the development. These changes have been incorporated into Section 6.1 (4) of the draft ordinance. • Comments were received from the Carnelian-Marine-St. Croix Watershed District (CMSCWD) on the draft ordinance. Their letter dated November 26, 2007, along with the staff response to the comments, is attached. • Separate comments were also received from John Bower, CMSCWD Board of Managers via e-mail. A copy, along with the staff response, is attached. Recommendation: The Commission should hold the public hearing and take any testimony that may be offered by the public. The hearing could then be closed, or continued to a future date if additional discussion or revisions are needed. After the ordinance has been approved by the City Council, it must be sent to the DNR for a formal review before it may be put into effect. Attachments/ • Draft ordinance dated November 28, 2007 (redlined) Materials provided: • Draft ordinance dated November 28, 2007 (clean copy) • Letter dated November 26, 2007 from CMSCWD • Letter dated November 29,2007 from Anne Hurlburt to CMSCWD • E-mailed comments dated November 24, 2007 from John Bower, CMSCWD Manager • Email dated November 29, 2007 from Anne Hurlburt to John Bower Contact(s): Prepared by: Anne Hurlburt, Administrator (shoreland regs public hearing) CITY OF SCANDIA ORDINANCE NO. 107 AN ORDINANCE ADOPTING A NEW CHAPTER 5 OF THE DEVELOPMENT CODE OF THE CITY OF SCANDIA AND PERTAINING TO SHORELAND MANAGEMENT REGULATIONS The City Council of the City of Scandia hereby ordains as follows: Section 1. Amendment. Section 11.2 Shoreland Overlay District of Chapter Two of the Development Code of the City of Scandia is hereby amended to read as follows: 11.2 Shoreland Overlay District. Properties and uses within this district are regulated in accordance with Chapter Five of this Development Code. Section 2. Amendment. Section 12.3 of Chapter Two of the Development Code of the City of Scandia is hereby amended to read as follows: 12.3. Applicability The OSCS standards are an alternative set of standards for residential development within the Agricultural (AG) and Residential (SR, SFE), districts. OSCS shall be permitted with a conditional use permit within these districts. The regulations of this Development Code are applicable only to the OSCS approved after the effective date of this Development Code. Section 3. Amendment. A new Chapter 5 entitled "Shoreland Management Regulations" is hereby adopted and added to the Development Code of the City of Scandia as hereinafter stated. Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations CITY OF SCANDIA DEVELOPMENT CODE CHAPTER FIVE SHORELAND MANAGEMENT REGULATIONS Table of Contents SECTION 1. INTENT AND PURPOSE 5.1-1 SECTION 2. SCOPE AND APPLICABILITY 5.2-1 SECTION 3. DEFINITIONS 5.3-1 SECTION 4. ADMINISTRATION 5.4.1 SECTION 5. SHORELAND CLASSIFICATION SYSTEM 5.5.1 SECTION 6 LAND USE DISTRICTS 5.6.1 SECTION 7. LOT REQUIREMENTS 5.7.1 SECTION 8. STRUCTURE AND SEWER SETBACK AND OTHER DESIGN CRITERIA 5.8.1 SECTION 9. SHORELAND ALTERATIONS 5.9.1 SECTION 10. STORMWATER MANAGEMENT 5.10.1 SECTION 11. STANDARDS FOR NON-RESIDENTIAL USES 5.11.1 SECTION 12. AGRICULTURAL USE STANDARDS 5.12.1 SECTION 13. FOREST MANAGEMENT STANDARDS 5.13.1 SECTION 14. WATER SUPPLY 5.14.1 SECTION 15. SEWAGE DISPOSAL 5.15.1 SECTION 16. FENCES 5.16.1 SECTION 17. NONCONFORMING SITUATIONS 5.17.1 SECTION 18. SUBDIVISION PROVISIONS 5.18.1 City of Scandia Development Code 5.1-1 • Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SHORELAND MANAGEMENT REGULATIONS This Chapter of the City of Scandia Development Code shall be known as the City of Scandia Shoreland Management Regulations and may be referred to in this Chapter as "this Chapter" or the "Shoreland Management Regulations". This shoreland regulation is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103 F, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. SECTION 1. INTENT AND PURPOSE 1.1 The uncontrolled use of shorelands of the City of Scandia, Minnesota affects the public health, safety and general welfare by contributing to pollution of public waters, and potentially decreasing property value. It is the intent and purpose of these regulations to: (1) Designate suitable land use districts for each body of public water. (2) Regulate the placement of sanitary and waste treatment facilities on lots. (3) Regulate the area of a lot and the length of water frontage suitable for building sites. (4) Regulate the alteration of shorelands of public waters. (5) Regulate alterations of the natural vegetation and the natural topography along shorelands. (6) Conserve natural resources and maintain a high standard of environmental quality. (7) Preserve and enhance the quality of surface water. (8) Preserve the economic and natural environmental values of shorelands. (9) Provide for the utilization of water and related land resources. (10) Maintain water quality, reduce flooding and erosion and to provide sources of food and habitat for a variety of fish and wildlife. City of Scandia Development Code 5.1-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 2. SCOPE AND APPLICABILITY 2.1 The provisions of this chapter shall apply to the shorelands of the public water bodies as classified in Section 5 of this regulation and unclassified water bodies where applicable. 2.2 The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this regulation and other applicable regulations. 2.3 If any section, clause, provision, or portion of this Chapter is determined to be unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter shall not be affected thereby. 2.4 The regulations contained in this chapter of the City of Scandia Development Code are in addition to and not in lieu of other regulations contained in other chapters of the City of Scandia Development Code. Where the standards contained in any other chapters of the Development Code are inconsistent with standards of this chapter, the more restrictive standard shall apply, except that the standards pertaining to lot size, lot width; and permitted uses contained in this chapter shall apply. City of Scandia Development Code 5.2-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 3. DEFINITIONS 3.1 For the purpose of this Chapter, certain terms and words are hereby defined as follows. Where terms are not defined in this Chapter, they shall have the same meaning as the definitions found in other chapters of the City of Scandia Development Code. (1) Access Corridor. An area where vegetation is cut or removed through the buffer to provide access to a lake, stream or wetland. (2) Bluffline. A line along the top of a slope connecting the points at which the slope, proceeding away from the water body or adjoining watershed channel, becomes less than eighteen percent (18%) and it only includes slopes greater than eighteen percent (18%) that meet the following criteria: (A) Part or all of the feature is located in a shoreland area. (B) The slope rises at least 20 feet above the ordinary high water level of the water body. (C) The slope must drain toward the water body. (3) Bluff Impact Zone. Bluff and land located within 20 feet from the top of a bluff. (4) Building Line. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. (5) Buffer Strip. Undisturbed strip of land adjacent to shorelines and wetlands consisting of native or existing vegetation. (6) Buffer Width, Minimum. The least buffer distance allowable measured perpendicular to the delineated wetland edge or ordinary high water mark of the lake or stream. (7) Commercial Use. The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services. (8) Commissioner. The commissioner of the Department of Natural Resources. (9) Controlled Access Lots. Lots intended to provide access to the lake for residents of a particular development. (10) Deck. A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than six(6) inches above ground. (11) Forest Land Conversion. The clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand. City of Scandia Development Code 5.3-1 Draft 1 1/28/07 Chapter Five 0 Shoreland Management Regulations (12) Impervious Surface. The portion of the lot covered with buildings including all appurtenances, driveways and sidewalks. (13) Intensive Vegetation Clearing. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. (14) Lake— Natural environment. Generally small, often shallow lakes with limited capacities for assimilating the impacts of development and recreational use. They often have adjacent lands with substantial constraints for development such as high water tables, exposed bedrock, and unsuitable soils. (15) Lake — Recreational Development. Generally medium-sized lakes of varying depths and shapes with a variety of land form, soil, and groundwater situations on the lakes around them. They often are characterized by moderate levels of recreational use and existing development. Development consists mainly of seasonal and year-round residences and recreational oriented commercial uses. (16) Lot Width. The horizontal distance between the side lot lines of a lot measured at the ordinary high water mark, setback line, and road right-of-way. (17) Ordinary High Water Level. The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For water courses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowage, the ordinary high water level is the operating elevation of the normal summer pool. On lades with an established ordinary high water level by the Minnesota Department of Natural Resources, that elevation shall be considered the ordinary high water level. (18) Public Waters. Any water as defined in Minnesota Statutes, Section 103.G.005(15). (19) Riparian Lot. A lot with frontage on the lake. (20) Sensitive Resources Management. The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soil over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora and fauna in need of special protection. (21) Shore Impact Zone. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the required structure setback. (22) Shoreland. Land located within the following distances from the ordinary high water elevation of public waters: (A)Land within 1,000 feet from the normal high watermark of a lake, pond or flowage; or, City of Scandia Development Code 5.3-2 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations (B)Land within 300 feet of a river or stream or the landward side of a floodplain delineated by ordinance on the river or stream, whichever is greater. (23) Significant Historic Site. Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the Natural Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of the Minnesota Statutes, Section 307.08. An historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota State Archaeologist or the Director of the Minnesota Historical Society. Any unplatted cemeteries are automatically considered to be significant historic sites. (24) Steep Slope. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available County soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with provisions of this chapter. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs. (25) Tier One. A lot or parcel of land with frontage on a waterbody regulated by the City of Scandia Shoreland Management Regulations. (26) Toe of the Bluff. The lower point of a bluff with an average slope exceeding eighteen percent (18%). (27) Top of the Bluff The highest point of a bluff with an average slope exceeding eighteen percent(18%). (28) Tributary Streams. A stream classified as such by the Minnesota Department of Natural Resources. (29) Unclassified Body of Water. Unclassified body of water means any lake, pond, backwater, swamp, marsh, wetland, stream, drainage way, flowage, river, floodplain or other water oriented topographical features not designated as being a natural environment lake, recreational development lake, general development lake, or transition river or tributary stream on the zoning map. (30) Wetland. Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of the Development Code, wetlands must a) have a predominance of hydric soils: b) be inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions: and c) under normal circumstances, support a prevalence of hydrophytic vegetation. Wetlands generally include swamps, marshes, bogs and similar areas City of Scandia Development Code 5.3-3 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 4. ADMINISTRATION 4.1. Administration. Administration of this Chapter, including issuance of variances, shall be in accordance with Chapter One of the City of Scandia Development Code. 4.2 Notices to Department of Natural Resources. Copies of all notices of any public hearings to consider variance, amendments, or conditional uses under this chapter must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearing. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. 4.3 Conditional Uses. Conditional uses allowable within shoreland areas shall be subject to review and approval procedures, and criteria and conditions for review of conditional uses established in the City of Scandia Development Code. A thorough evaluation of the waterbody and the topographic, vegetative, and soils conditions on the site must be made to ensure: (1) The prevention of soil erosion or other possible pollution of public waters, both during and after construction. (2) Limited visibility of structures and other facilities as viewed from public waters. (3) The site is adequate for water supply and on-site sewage treatment. (4) The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. 4.4 Conditions Attached to Conditional Use Permits. The City of Scandia, upon consideration of the criteria listed above and the purposes of the chapter, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following: (1) Increased setbacks from the ordinary high water level. (2) Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted. (3) Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas and vehicle parking areas. City of Scandia Development Code 5.4-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 5. SHORELAND CLASSIFICATION SYSTEM 5.1 Protected Waters Inventory Map. The public waters of the City of Scandia have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Washington County, Minnesota. 5.2 Official Zoning Map. The shoreland area for the water bodies listed in Section 5.3 and 5.4 shall be as defined in Section 3.1 (30) and as shown on the Official Zoning Maps adopted in Chapter 2, Section 1.1 of the City of Scandia Development Code. 5.3 Lakes. (1) Natural Environment Lakes. Protected Waters Inventory ID# Name 53 Sea 55 Nielson(Nielsen) 56 Unnamed (German) 57 Unnamed 58 Wojtowicz Pond 59 Goose 60 Unnamed 61 Unnamed 62 Unnamed 64 Fish 65 Hay 66 Unnamed 67 Sand 68 Long 70 Rasmussen Pond 72 White Rock 78 Clear (2) Recreation Development Lakes. Protected Waters Inventory ID# Name 52 Big Marine 54 Bone 80 Sylvan City of Scandia Development Code 5.5-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations 5.4 Rivers and Streams (1) Wild & Scenic Rivers. St. Croix River(82-1P). Requirements of the Lower St. Croix River Bluffland and Shoreland Management Regulations contained in the Washington County Development Code, Chapter 5 must be followed, and are herein adopted by reference. (2) Tributary Streams. Falls Creek (Sections 1, 6, 7 and 12) T32N R20 W City of Scandia Development Code 5.5-2 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 6. LAND USE DISTRICTS 6.1 Land Use Districts for Lakes. All lands within shoreland areas of lakes in the City of Scandia shall be designated as Residential Use Districts. (1) Permitted Uses: (A) Single family residential (B) Parks and historic sites (C) Agricultural: cropland and pasture (2) Uses Permitted with a Certificate of Compliance: (A) Home occupation in accordance with Chapter Two, Section 10.13 of the Development Code. (3) Uses Permitted with a Conditional Use Permit: (A) Bed and Breakfast in accordance with Chapter Two, Section 10.5 of the Development Code. (B) Accessory Apartment in accordance with Chapter Two, Section 10.1 of the Development Permit. (C) Place of Worship in accordance with Chapter Two, Section 10.22 of the City Development Code, except that the minimum lot area required shall be 20 acres above the Ordinary High Water level, the property must have frontage on a City Collector, County Collector, or Minor Arterial, the minimum setback from the Ordinary High Water level shall be 500 feet, and off-street parking areas shall not be located within the Ordinary High Water level setback. (4) Uses Permitted with a Planned Unit Development Permit: (A) Open Space Conservation Subdivisions as specified in Chapter Two, Section 12 of the City of Scandia Development Code, providing following additional standards are met: 1. at least 70 percent of the land area within the shore impact zone shall be maintained in its natural state and preserved as permanent open space; and 2. any shore recreation facilities, including but not limited to swimming areas, docks, watercraft mooring areas and boat ramps shall be centralized and owned in common by all residents of the development. City of Scandia Development Code 5.6-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations 6.2 Land Use Districts for Rivers. All lands within the shoreland of the St. Croix River shall be governed by the Lower St. Croix River Bluffland and Shoreland Management Regulations contained in the Washington County Development Code, Chapter 5. 6.3 Tributary Streams. All lands abutting tributary streams covered by this Chapter shall be governed by the underlying zoning district as it pertains to minimum lot size and permitted uses. Setback and lot width requirements shall be as contained in this Chapter. City of Scandia Development Code 5.6-2 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 7. LOT REQUIREMENTS 7.1 Lot Area and Width Standards. The lot area (land above the normal ordinary high water mark) and lot width standards (at road, shoreline and building setback line) for single residential lots created after the date of enactment of this chapter for lake and river/stream classifications are the following: (1) Lake Standards. Newly created Tier 1 lots on Recreational Development lakes and on Goose Lake shall have a minimum lot size of 2 t/2 acres and a minimum lot width of 150 feet. Newly created Tier 1 lots on Natural Environment lakes except Goose Lake shall have a minimum lot size of five (5) acre and a minimum lot width of 300 feet. All other lots shall conform to the general density standards for the area as designated in the Comprehensive Plan, and lot size and width shall conform with the underlying base zoning district. (2) Tributary Stream Standards. All lots within the Shoreland Overlay District of tributary streams shall meet underlying zoning density and lot size restrictions. The lot width standards for single family residential developments is 250 feet. 7.2 Additional Special Provisions: (1) Only land above the ordinary high water level of public waters can be used to meet lot area standards. Lot width standards must be met at the ordinary high water level, road and at the building setback line. (2) In any new subdivision lots intended as controlled accesses to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions are permissible, providing all of the following standards are met. (A) The lot must meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots; (B) If docking, mooring, or over-water storage of more than six (6) watercraft is to be allowed at a controlled access lot, the width of the lot (keeping the same lot depth) must be increased by the percent of the requirements for riparian residential lots for each watercraft beyond six (6), consistent with the following table: Controlled Access Lot Frontage Requirements Ratio of Lake Size to Percent of Required Increase Shore Length(acres/miles) in Frontage Less than 100 to 1 25%per additional watercraft 100 to 200 to 1 20%per additional watercraft 201 to 300 to 1 15%per additional watercraft 301 to 400 to 1 10%per additional watercraft Greater than 400 to 1 5%per additional watercraft City of Scandia Development Code 5.7.1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations (C) The lot/lots must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot; and (D) A development agreement is entered into between the developer and the City of Scandia specifying which lots owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, beaching, mooring, or docking. They must also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the nonsignificant conflict activities include swimming, sunbathing, or picnicking. The development agreement must limit the total number of vehicles and trailers allowed to be parked and the total number of watercraft allowed to be continuously moored, docked, stored over water, or parked on the property, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. The agreement must also require all parking areas and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf-on conditions. No structures shall be constructed on these lots except for docking facilities as approved by the Minnesota Department of Natural Resources and the City of Scandia. (3) Any individual lot or lots which do not contain a seasonal or permanent home may have one dock with the capacity to accommodate up to three watercraft. No other temporary or permanent structures or recreational vehicles are allowed. City of Scandia Development Code 5 7-2 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 8. STRUCTURE AND SEWER SETBACK AND OTHER DESIGN CRITERIA 8.1 Placement of Structures on Lots. When more than one setback applies to a site, all structures and facilities must be located to meet all setbacks. (1) Structure and On-Site Sewage System Setbacks (in feet) from Ordinary High Water Level: SETBACKS CLASSES OF STRUCTURES SEWAGE TREATMENT PUBLIC WATERS SYSTEMS LAKES Natural Environment 200 150 Recreational Development 100 75 Unclassified Waterbodies 75** 75 RIVERS/STREAMS Tributary Streams 200 150 (2) Additional Structure Setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody: SETBACK FROM: SETBACK(in feet) (a) top of bluff line 30 (b) unplatted cemetery 50 (c) arterial road 150 from centerline or 75' from road right-of-way whichever is greater. (d) collector road 100 from centerline or 50' from road right-of-way whichever is greater (e) right-of-way line of public street, or 40 other roads or streets not classified (f) side yard setback, existing parcels 1.0 10 acre or less in size Recreational Development Lakes 20 Natural Environment Lakes, Tributary/Streams (g) side yard setback, existing parcels 20 greater than 1.0 acre in size Recreational Development Lakes 20 Natural Environment Lakes, Tributary/Streams City of Scandia Development Code 5.8_1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations 8.2 High Water Elevations: The lowest floor including basement of any structure constructed in a shoreland area must be 2 feet above the 100 year flood elevation or 3 feet above the highest known water level whichever is greater. 8.3 Height. No structure shall exceed 35' in height. 8.4 Lot Coverage. A maximum of 25% of the lot may be covered with impervious surface. This includes all structures, decks,patios, walks, and surfaced or unsurfaced driveways. 8.5 Stairways, Lifts, and Landings. Stairways and lifts are the only permitted alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet all of the following design requirements: (1) Stairways and lifts must not exceed four(4) feet in width on residential lots; (2) Landings for stairways and lifts on residential lots must not exceed 32 square feet in area; (3) Canopies or roofs are not allowed on stairways, lifts, or landings. (4) Stairways, lifts and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; (5) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and (6) Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of sub items 1 to 5 are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340. (7) A certificate of compliance is required. 8.6 Significant Historic Sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. 8.7 Steep Slopes. The Zoning Administrator must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. If necessary, conditions must be attached to permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. City of Scandia Development Code 5.8-2 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 9. SHORELAND ALTERATIONS 9.1 Vegetation Alterations. (1) No cutting or removal of trees over six (6) inches in diameter measured at a point fifty- four inches above ground level within the required building setback shall be permitted unless the trees are dead, diseased, or pose a documented safety hazard. A certificate of compliance must be obtained prior to removal of any trees. (2) Selective removal of natural vegetation shall be allowed, provided sufficient vegetative cover remains to screen cars, dwellings and other structures, piers, docks and marinas, when viewed from the water. (3) In order to retard surface run-off and soil erosion, natural vegetation shall be restored insofar as feasible after any construction project is completed. (4) The provisions of this section shall not apply to normal maintenance of trees such as pruning or removal of limbs or branches that are dead or pose safety hazards. (5) Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas under validly issued construction permits are exempt from these vegetation alteration standards. 9.2 Topographic Alterations/Grading and Filling. (1) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and drive ways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit, provided the building plan included with the permit address all issues and meets all requirements and provisions of Section 9.2(3). (2) Public roads and parking areas are regulated by Section 9.3 of this chapter. (3) Grading or filling is prohibited within the bluff impact zone or shore impact zone. Grading/filling outside these areas shall require a grading permit. Standards for land alteration and grading contained in Chapter 2 of the City of the Scandia Development Code must be followed. (4) The filling of any wetland or below the normal ordinary high water mark must be permitted by appropriate Federal, State, and local units of government with jurisdiction. (5) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors will be allowed only after the Department of Natural Resources has approved the proposed connection to public waters. (6) Placement of natural rock rip rap including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet City of Scandia Development Code 5.9.1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations horizontal to one foot vertical, the landward extent of the rip rap is within ten feet of the ordinary high water mark, and the height of the rip rap above the ordinary high water level does not exceed three feet. A permit and/or approval must be obtained from the Minnesota Department of Natural Resources and a grading permit is obtained from the Zoning Administrator. 9.3 Placement and Design of Roads, Driveways, and Parking Areas. (1) Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. All roads and parking areas must be designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials. (2) All new roads, driveways, and parking areas must meet the lake setback requirements and must not be placed within bluff and shore impact zones. (3) Public and private watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met and a certificate of compliance is issued by the Zoning Administrator. Grading and filling provisions of Chapter 2, Part 3, Section 16 of this Development Code must also be met. 9.4 Buffer Strips. In order to maintain water quality, reduce flooding and erosion and to provide sources of food and habitat for a variety of fish and wildlife, a buffer strip shall be provided and maintained around all natural environment lakes and streams and type 3, 4 and 5 wetlands. (1) Lake, Wetland, Stream Buffer Widths. (A) The minimum buffer width shall apply to all buffer widths including those that are restore, replaced or enhanced. (B) The City may require a variable buffer width to protect valuable adjacent habitat when considering variances for building setbacks. (C) The following buffer widths shall be maintained: Lake/Wetland NE Lake Type 3,4,5 Stormwater Type Wetland Pond Minimum Buffer Width: 50 feet 50 feet 10 feet Building Setback from outer edge 10 feet 10 feet 10 feet of buffer (2) An access corridor 50' wide is permitted to gain access to the waterbody. City of Scandia Development Code 5.9-2 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 10. STORMWATER MANAGEMENT 10.1 Stormwater Management. Standards for stormwater management as contained in Chapter 2 and Chapter 3of the City of Scandia Development Code shall apply. City of Scandia Development Code 5,10-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 11. STANDARDS FOR NON-RESIDENTIAL USES 11.1 Standards for Non-Residential Uses. Any permitted use of land adjacent to public water which needs to have access to and use of public waters must meet the following standards in addition to any other requirements of this chapter or the City of Scandia Development Code: (1) In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this Development Code, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures. (2) Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be minimum size necessary to meet the need. (3) Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards: (A) No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public water by a public authority or under a permit issued by the County Sheriff. (B) Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey the location and name of the establishment and the general type of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than six (6) feet above the ground, and must not exceed 16 square feet in size. The sign shall not be lighted and shall be of an earthen tone color. A sign permit must be obtained from the Zoning Administrator. (C) Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards, and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. City of Scandia Development Code 5.11-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 12. AGRICULTURAL USE STANDARDS 12.1 Agricultural Use Standards. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Natural Resources Conservation Service (NRCS), as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high,water level. City of Scandia Development Code 5.12-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 13. FOREST MANAGEMENT STANDARDS 13.1 Forest Management Standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Sources Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota". City of Scandia Development Code 5.13-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 14. WATER SUPPLY 14.1 Water Supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency. City of Scandia Development Code 5.14-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 15. SEWAGE DISPOSAL 15.1 Sewage Treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment in accordance with the Washington County Individual Sewage Treatment System Code and meet appropriate setback requirements as contained in Section 8.1 of this chapter. 15.2 Non-conforming Sewage Treatment Systems. Non-conforming sewage treatment systems shall be regulated and upgraded in accordance with Section 7.1 of this chapter and the Washington County Individual Sewage Treatment System Ordinance. A sewage treatment system not meeting the requirements of the Washington County Individual Sewage Treatment System Ordinance must be upgraded at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property, with the exception of nonhabitable spaces. City of Scandia Development Code 5.15-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 16. FENCES 16.1 In addition to the standards contained in Chapter 2 of the City of Scandia Development Code, the following standards must also be met on shoreland property. 16.2 No fence shall exceed 4 feet in height unless all required building setbacks are met. If the fence is located so as to meet required building setbacks, a 6-foot high fence is permitted. 14.3 No fence shall be constructed closer to the lake than the required lake setback requirement unless the existing home is located closer to the lake than the required setback in which case the fence may be constructed even with the lake side of the home. City of Scandia Development Code 5.16-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 17. NONCONFORMING SITUATIONS Non-conforming situations shall be regulated in accordance with Chapter 1, Section 12 of the City of Scandia Development Code with the following exceptions: 17.1 (1) A lot or parcel of land which was of record as a separate lot or parcel in the Office of the Washington County Recorder or Registrar of Titles, on or before January 1, 1973 which is in a residential or agricultural district, and is not a contiguous lot or parcel as that term is described and regulated under Chapter One of the City of Scandia Development Code, may be used for single family detached dwelling purposes, without a variance, provided that: (A) The area and width thereof are within sixty percent (60%) of the minimum requirements of Section 7.1 of this chapter. (B) All setbacks requirements of this chapter can be maintained. (C) It can be demonstrated that either two (2) safe and adequate sewage treatment systems can be installed to service such permanent dwelling or the dwelling is served by public sanitary sewer. (D) On Natural Environment Lakes, any separate lot or parcel of record, and not under common ownership with adjacent parcels, legally created and recorded prior to the adoption of this chapter may be used for single family detached dwelling purposes without a variance if it is at least 1.5 acres in size, is 120 feet in width, and meets item (B) and (C) above (17.1 (1) (B) and (C)). (2) Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: (A) The structure existed on the date the structure setbacks were established. (B) A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure. (C) The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive. (D) No deck on a nonconforming structure shall exceed 10 feet in width. (E) The deck is constructed primarily of wood, and is not roofed or screened. City of Scandia Development Code 5 17-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations (F) A certificate of compliance is obtained from the Zoning Administrator. City of Scandia Development Code 5.17-2 Draft l l/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 18. SUBDIVISION PROVISIONS 18.1 Land Suitability. Each lot created through subdivision must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. 18.2 Subdivision Process. All subdivision of land shall be in accordance with Chapter 3 and all other applicable provision of the Development Code. City of Scandia Development Code 5.18-1 Section 4: Effective Date. This ordinance shall be effective following its review by the Minnesota Department of Natural Resources and upon publication according to law. Adopted this day of , 2007. Dennis D. Seefeldt, Mayor Anne Hurlburt, Administrator DRAFT, NOVEMBER 28, 2007 CITY OF SCANDIA ORDINANCE NO. 107 AN ORDINANCE ADOPTING A NEW CHAPTER 5 OF THE DEVELOPMENT CODE OF THE CITY OF SCANDIA AND PERTAINING TO SHORELAND MANAGEMENT REGULATIONS The City Council of the City of Scandia hereby ordains as follows: Section 1. Amendment. Section 11.2 Shoreland Overlay District of Chapter Two of the Development Code of the City of Scandia is hereby amended to read as follows: 11.2 Shoreland Overlay District. Properties and uses within this district are regulated in accordance with Chapter Five of this Development Code. Section 2. Amendment. Section 12.3 of Chapter Two of the Development Code of the City of Scandia is hereby amended as follows: 12.3. Applicability The OSCS standards are an alternative set of standards for residential development within the Agricultural (AG) and Residential (SR, SFE), districts. OSCS shall be permitted with a conditional use permit within these districts. The design standards contained in this section are not applicable in the St. Croix River District and Shoreland Overlay Districts. The regulations of this Development Code are applicable only to the OSCS approved after the effective date of this Development Code. Section 3. Amendment. A new Chapter 5 entitled "Shoreland Management Regulations" is hereby adopted and added to the Development Code of the City of Scandia as hereinafter stated. Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations CITY OF SCANDIA DEVELOPMENT CODE CHAPTER FIVE SHORELAND MANAGEMENT REGULATIONS Table of Contents SECTION 1. INTENT AND PURPOSE 5.1-1 SECTION 2. SCOPE AND APPLICABILITY 5.2-1 SECTION 3. DEFINITIONS 5.3-1 SECTION 4. ADMINISTRATION 5.4.1 SECTION 5. SHORELAND CLASSIFICATION SYSTEM 5.5.1 SECTION 6. LAND USE DISTRICTS 5.6.1 SECTION 7. LOT REQUIREMENTS 5.7.1 SECTION 8. STRUCTURE AND SEWER SETBACK AND OTHER DESIGN CRITERIA 5.8.1 SECTION 9. SHORELAND ALTERATIONS 5.9.1 SECTION 10. STORMWATER MANAGEMENT 5.10.1 SECTION 11. STANDARDS FOR NON-RESIDENTIAL USES 5.11.1 SECTION 12. AGRICULTURAL USE STANDARDS 5.12.1 SECTION 13. FOREST MANAGEMENT STANDARDS 5.13.1 SECTION 14. CONDITIONAL USES 5 14.1 SECTION 15. CERTIFICATE OF ZONING COMPLIANCE 5.15.1 SECTION 144. WATER SUPPLY 5.14.1 SECTION 1576. SEWAGE DISPOSAL 5.15.1 SECTION 1687. FENCES 5.16.1 SECTION 1798. NONCONFORMING SITUATIONS 5.17.1 SECTION 2-018. SUBDIVISION PROVISIONS 5.18.1 City of Scandia Development Code 5.1-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SHORELAND MANAGEMENT REGULATIONS This Chapter of the City of Scandia Development Code shall be known as the City of Scandia Shoreland Management Regulations and may be referred to in this Chapter as "this Chapter" or the "Shoreland Management Regulations". This shoreland regulation is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103 F A I, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 394462. SECTION 1. INTENT AND PURPOSE 1.1 The uncontrolled use of shorelands of the City of Scandia, Minnesota affects the public health, safety and general welfare by contributing to pollution of public waters, and potentially decreasing property value. It is the intent and purpose of these regulations to: (1) Designate suitable land use districts for each body of public water. (2) Regulate the placement of sanitary and waste treatment facilities on lots. (3) Regulate the area of a lot and the length of water frontage suitable for building sites. (4) Regulate the alteration of shorelands of public waters. (5) Regulate alterations of the natural vegetation and the natural topography along shorelands. (6) Conserve natural resources and maintain a high standard of environmental quality. (7) Preserve and enhance the quality of surface water. (8) Preserve the economic and natural environmental values of shorelands. (9) Provide for the utilization of water and related land resources. (10) Maintain water quality, reduce flooding and erosion and to provide sources of food and habitat for a variety of fish and wildlife. City of Scandia Development Code 5.1-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 2. SCOPE AND APPLICABILITY 2.1 The provisions of this chapter shall apply to the shorelands of the public water bodies as classified in Section 5 of this regulation and unclassified water bodies where applicable. 2.2 The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this regulation and other applicable regulations. 2.3 If any section, clause, provision, or portion of this Chapter is determined to be unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter shall not be affected thereby. 2.4 The regulations contained in this chapter of the City of Scandia Development Code are in addition to and not in lieu of other regulations contained in other chapters of the City of Scandia Development Code_ Wwhere the standards contained in any other chapters of the Development Code are inconsistent with standards of this chapter, the more restrictive standard shall apply,., except that the standards pertaining to lot size, lot width; and permitted uses and open space design contained in this chapter shall apply. City of Scandia Development Code 5.2-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 3. DEFINITIONS 3.1 For the purpose of this Chapter, certain terms and words are hereby defined as follows. Where terms are not defined in this Chapter, they shall have the same meaning as the definitions found in other chapters of the City of Scandia Development Code. (1) Access Corridor. An area where vegetation is cut or removed through the buffer to provide access to a lake, stream or wetland. (2) Bluffline. A line along the top of a slope connecting the points at which the slope, proceeding away from the water body or adjoining watershed channel, becomes less than eighteen percent (18%) and it only includes slopes greater than eighteen percent (18%) that meet the following criteria: (A) Part or all of the feature is located in a shoreland area. (B) The slope rises at least 20 feet above the ordinary high water level of the water body. (C) The slope must drain toward the water body. (3) Bluff Impact Zone. Bluff and land located within 20 feet from the top of a bluff. (4) Building Line. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. (5) Buffer Strip. Undisturbed strip of land adjacent to shorelines and wetlands consisting of native or existing vegetation. (6) Buffer Width, Minimum. The least buffer distance allowable measured perpendicular to the delineated wetland edge or ordinary high water mark of the lake or stream. (7) Commercial Use. The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services. (8) Commissioner. The commissioner of the Department of Natural Resources. (9) Controlled Access Lots. Lots intended to provide access to the lake for residents of a particular development. (10) Deck. A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than six(6) inches above ground. (11) Forest Land Conversion. The clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand. City of Scandia Development Code 5.3-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations t • „ • (A) The property in question cannot be put to a reasonable use if used under conditions allowed by the Official Controls; and by the landowner; and (C)The- if g d, will not alter th s • (E)The 1 may consider the- i���to use solar energy systems a "hardship" in granting-ef the variance. (13)Height of Building. The vertical distance between the highest adjoining ground level at the (12) Impervious Surface. The percentage portion of the lot covered with buildings including all appurtenances, driveways and sidewalks. (13) Intensive Vegetation Clearing. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. (11)Lake General Development. Generally large, deep lakes or lakes of varying sizes and depths with high levels and mixes of existing development. These lakes often are extensively shore. Second and third tiers of development arc fairly common. (14) Lake— Natural environment. Generally small, often shallow lakes with limited capacities for assimilating the impacts of development and recreational use. They often have adjacent lands with substantial constraints for development such as high water tables, exposed bedrock, and unsuitable soils. (15) Lake — Recreational Development. Generally medium-sized lakes of varying depths and shapes with a variety of land form, soil, and groundwater situations on the lakes around them. They often are characterized by moderate levels of recreational use and existing development. Development consists mainly of seasonal and year-round residences and recreational oriented commercial uses. (16) Lot Width. The horizontal distance between the side lot lines of a lot measured at the ordinary high water mark, setback line, and road right-of-way. (17) Ordinary High Water Level. The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural City of Scandia Development Code 5.3-2 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations vegetation changes from predominantly aquatic to predominantly terrestrial. For water courses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowage, the ordinary high water level is the operating elevation of the normal summer pool. On lades with an established ordinary high water level by the Minnesota Department of Natural Resources, that elevation shall be considered the ordinary high water level. (18) Public Waters. Any water as defined in Minnesota Statutes, Section 103.G.005(15). (19) Riparian Lot. A lot with frontage on the lake. Resources. (22)River Tributary. Consist of watercourses mapped in the Protected Waters Inventory that have not been assigned one of the river classes. These segments have a wide variety of existing land and rccr ational use characteristics. (20) Sensitive Resources Management. The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soil over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora and fauna in need of special protection. , other eili d- -erdiry hi gh yeaterl-e lwage treatment system, top of a bluff, road, 1-ri-ghway,}crepe line er facility; (21) Shore Impact Zone. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the required structure setback. (22) Shoreland. Land which meets all of the following criteria:located within the following distances from the ordinary high water elevation of public waters: (A) Land within 1,000 feet from the normal high watermark of a lake, pond or A flowage., orpeft-i-en-e-f-the-let-m±}4--be-lec-ated-withiwene-theffsan€1-47G04)-feet-g--the ordinary high water level of any public body of water. (B) Land within 300 feet of a river or stream or the landward side of a floodplain delineated by ordinance on the river or stream, whichever is greater. A portion of the one lots). (C) The lot must have lake frontage er be in the next tier of lots landward that has (23) Significant Historic Site. Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the Natural Register of Historic Places or is listed in the City of Scandia Development Code 5.3-3 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of the Minnesota Statutes, Section 307.08. An historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota State Archaeologist or the Director of the Minnesota Historical Society. Any unplatted cemeteries are automatically considered to be significant historic sites. (24) Steep Slope. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available County soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with provisions of this chapter. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs. (25) Tier One. A lot or parcel of land with frontage on a waterbody regulated by the City of Scandia Shoreland Management Regulations. whichstreet from a township road that serves the lake lots. (1/1)(26) Toe of the Bluff. The lower point of a bluff with an average slope exceeding eighteen percent (18%). (15)(27) Top of the Bluff The highest point of a bluff with an average slope exceeding eighteen percent (18%). (16)(28) Tributary Streams. A stream classified as such by the Minnesota Department of Natural Resources. (17)(29) Unclassified Body of Water. Unclassified body of water means any lake, pond, backwater, swamp, marsh, wetland, stream, drainage way, flowage, river, floodplain or other water oriented topographical features not designated as being a natural environment lake, recreational development lake, general development lake, or transition river or tributary stream on the zoning map. , applied for, the Board of Adjustment & Appeals shall be consider whether the existing (18)(30) Wetland. Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of the Development Code, wetlands must a) have a predominance of hydric soils: b) be inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil City of Scandia Development Code 5.3-4 Drafi 11/28/07 Chapter Five 0 Shoreland Management Regulations conditions: and c) under normal circumstances, support a prevalence of hydrophytic vegetation. Wetlands generally include swamps, marshes, bogs and similar areas. City of Scandia Development Code 53-5 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 4. ADMINISTRATION 4.1. Administration. Administration of this Chapter, including issuance of variances, shall be in accordance with Chapter One of the City of Scandia Development Code. 4.2 Notices to Department of Natural Resources. Copies of all notices of any public hearings to consider variance, amendments, or conditional uses under this chapter must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearing. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. 4.3 Conditional Uses. Conditional uses allowable within shoreland areas shall be subject to review and approval procedures, and criteria and conditions for review of conditional uses established in the City of Scandia Development Code. A thorough evaluation of the waterbody and the topographic, vegetative, and soils conditions on the site must be made to ensure: (1) The prevention of soil erosion or other possible pollution of public waters, both during and after construction. (2) Limited visibility of structures and other facilities as viewed from public waters. (3) The site is adequate for water supply and on-site sewage treatment. (4) The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. 4.4 Conditions Attached to Conditional Use Permits. The City of Scandia, upon consideration of the criteria listed above and the purposes of the chapter, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following: (1) Increased setbacks from the ordinary high water level. (2) Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted. (3) Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas and vehicle parking areas. City of Scandia Development Code 5 4-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 5. SHORELAND CLASSIFICATION SYSTEM 5.1 Protected Waters Inventory Map. The public waters of the City of Scandia have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Washington County, Minnesota. 5.2 Official Zoning Map. The shoreland area for the water bodies listed in Section 5.3 and 5.4 shall be as defined in Section 3.1 (30) and as shown on the Official Zoning Maps adopted in Chapter 2, Section 1.1 of the City of Scandia Development Code. 5.3 Lakes. (1) Natural Environment Lakes. Protected Waters Inventory ID# Name 53 Sea 55 Nielson(Nielsen) 56 Unnamed (German) 57 Unnamed 58 Wojtowicz Pond 59 Goose 60 Unnamed 61 Unnamed 62 Unnamed 64 Fish 65 Hay 66 Unnamed 67 Sand 68 Long 70 Rasmussen Pond 72 White Rock 78 Clear (2) Recreation Development Lakes. Protected Waters Inventory ID# Name 52 Big Marine 54 Bone 80 Sylvan City of Scandia Development Code 5.5-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations (3)Gencral Development Lakes. 5.4 Rivers and StreamsScenic Rivers. (1) Wild & Scenic Rivers. St. Croix River(82-1 P). Requirements of the Lower St. Croix River Bluffland and Shoreland Management Regulations contained in the Washington County Development Code, Chapter 5 requirements must be followed, and are herein adopted by reference. (2) Transition Rivers. Mississippi River (�2) Tributary Streams. NeneFalls Creek (Sections 1, 6, 7 and 12) T32N R20 W City of Scandia Development Code 5.5-2 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 6. LAND USE DISTRICTS 6.1 Land Use Districts for Lakes. All lands within shoreland areas of lakes in the iiiiiiieeitefated areas of the City of Scandia shall be designated as Residential Use Districts. (1) Permitted Uses: (A) Single family residential (B) Parks and historic sites (C) Agricultural: cropland and pasture (2) Uses Permitted with a Certificate of Compliance: (A) Home occupation in accordance with Chapter Two, Section 210.13 of the Development Code. (3) Uses Permitted with a Conditional Use Permit: (A)_Open space residential development in accordance with Section 20.2 of this Chapter. (B)(A) Bed and Breakfast in accordance with Chapter Two, Section 210.5 of the Development Code. (C)(B) Accessory Apartment in accordance with Chapter Two, Section 210.1 of the Development Permit. (C) Place of Worship in accordance with Chapter Two, Section 10.22 of the City Development Code, except that the minimum lot area required shall be 20 acres above the Ordinary High Water level, the property must have frontage on a City Collector, County Collector, or Minor Arterial, the minimum setback from the Ordinary High Water level shall be 500 feet, and off-street parking areas shall not be located within the Ordinary High Water level setback. (4) Uses Permitted with a Planned Unit Development Permit: (A) Open Space Conservation Subdivisions as specified in Chapter Two, Section 12 of the City of Scandia Development Code, providing the following additional standards are met: 1. at least 70 percent of the land area within the shore impact zone shall be maintained in its natural state and preserved as permanent open space; and 2. any shore recreation facilities, including but not limited to swimming areas, docks, watercraft mooring areas and boat ramps shall be centralized and owned in City of Scandia Development Code 5.6-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations common by all residents of the development. Townhouse de,elopments--en-lakes served with public sewer providing the following standards are met: de elreiaiint,d gl f. :l. idi_l e ent l_ - specified in Chapter Two, Section 5 of the City of Scandia Development Code. 6.2 Land Use Districts for Rivers. All lands within the shoreland of the St. Croix River shall be governed by the Lower St. Croix River Bluffland and Shoreland Management Regulations contained in the Washington County Development Code, Chapter 5. `• ' r Tse Districts. (1) Permitted Uses: n) Single a 1. d t l � i b---zrictn�-r� -rcrrcrar (C)Parks u h t (D)Agricultural: cropland and pasture (2) Uses Permitted with a Certificate of Compliance: De, elo o t r a L v.vavYaiavzcTivar+. (3) Uses Permitted with a Conditional Use Permit: • Code. Development Code. 6.3 Tributary Streams. All lands abutting tributary streams covered by this Chapter shall be governed by the underlying zoning district as it pertains to minimum lot size and permitted uses. Setback and lot width requirements shall be as contained in this Chapter. City of Scandia Development Code 5.6-2 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 7. LOT REQUIREMENTS 7.1 Lot Area and Width Standards. The lot area (land above the normal ordinary high water mark) and lot width standards (at road, shoreline and building setback line) for single residential lots created after the date of enactment of this chapter for lake and river/stream classifications are the following: (1) Lake Standards. Newly created Tier 1 lots on Recreational Development lakes and on Goose Lake shall have a minimum lot size of 2 % acres and a minimum lot width of 150 feet. Newly created Tier 1 lots on Natural Environment lakes except Goose Lake shall have a minimum lot size of five (5) acre and a minimum lot width of 300 feet. All other lots shall conform to the general density standards for the area as designated in the Comprehensive Plan, and lot size and width shall conform with the underlying base zoning district. Unsewered Lakes. Area (Acres) Width(Feet) Recreational Development 444 150 General Development 1 '/_ 150 Natural Environment 5 200 (2) Sewcrcd Lakes. Width(Feet) (Square Feet) General Development 15,000 73 (2h) Rivers/Tributary Stream Standards. All lots within the Shoreland Overlay District of Property f ooning on fivefs andtributary streams shall meet underlying zoning density and lot size restrictions. The lot width standards for single family residential developments fef river/stream classifications arcis 250 feet. 7.2 Additional Special Provisions: (1) Only land above the ordinary high water level of public waters can be used to meet lot area standards. Lot width standards must be met at the ordinary high water level, road and at the building setback line. Lot area dimensions in Section 7.1(2) can only be used if public urban type sewer service is available to the property. The 201 collector sewer system does not qualify as public urban type sewer service under this provision. (2) In any new subdivision lots intended as controlled accesses to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions are permissible, providing all of the following standards are met. City of Scandia Development Code 5.7-1 Draft I l/28/07 Chapter Five 0 Shoreland Management Regulations (A) The lot must meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots; (B) If docking, mooring, or over-water storage of more than six (6) watercraft is to be allowed at a controlled access lot, the width of the lot (keeping the same lot depth) must be increased by the percent of the requirements for riparian residential lots for each watercraft beyond six (6), consistent with the following table: Controlled Access Lot Frontage Requirements Ratio of Lake Size to Percent of Required Increase Shore Length (acres/miles) in Frontage Less than 100 to 1 25%per additional watercraft 100 to 200 to 1 20%per additional watercraft 201 to 300 to 1 15%per additional watercraft 301 to 400 to 1 10%per additional watercraft Greater than 400 to 1 5%per additional watercraft (C) The lot/lots must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot; and (D) A development agreement is entered into between the developer and the City of Scandia specifying which lots owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, beaching, mooring, or docking. They must also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the nonsignificant conflict activities include swimming, sunbathing, or picnicking. The development agreement must limit the total number of vehicles and trailers allowed to be parked and the total number of watercraft allowed to be continuously moored, docked, stored over water, or parked on the property, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They agreement must also require all parking areas and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf-on conditions. No structures are allowed to shall be constructed on these lots except for docking facilities as approved by the Minnesota Department of Natural Resources and the City of Scandia. (3) Any individual lot or lots which do not contain a seasonal or permanent home may have one dock with the capacity to accommodate up to three watercraft. No other temporary or permanent structures or recreational vehicles are allowed. City of Scandia Development Code 5-7-2 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 8. STRUCTURE AND SEWER SETBACK AND OTHER DESIGN CRITERIA 8.1 Placement of Structures on Lots. When more than one setback applies to a site, all structures and facilities must be located to meet all setbacks. (1) Structure and On-Site Sewage System Setbacks (in feet) from Ordinary High Water Level: SETBACKS CLASSES OF STRUCTURES SEWAGE PUBLIC WATERS TREATMENT SYSTEMS STRUCTURES r LAKES UNSEWERED SEWERED Natural Environment 200 150 150 Recreational Development 100 75 75 General Development . 3.0 75 Unclassified Waterbodies 75** 50 75 ** Or 20' from the delineated wetland line whichever is greater. RIVERS/STREAMS Transition 200 150 150 Tributary Streams 200 150 150 (2) Additional Structure Setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody: SETBACK SETBACK FROM: (in feet) (a) top of bluff line 30 (b) unplatted cemetery 50 (c) arterial road 150 from centerline or 75' from road right-of-way whichever is greater. (d) collector road 100 from centerline or 50' from road right-of-way whichever is greater (ed) right-of-way line of town road,public street, 40 or other roads or streets not classified without with sewer (fe) side yard setback, existing parcels 1.0 acre 10 or less in size Recreational & General Development Lakes City of Scandia Development Code 5.8-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SETBACK SETBACK FROM: (in feet) 20 Natural Environment Lakes, RiversTributary /Streams (g) side yard setback, existing parcels greater 20 than 1.0 acre in size Recreational Development Lakes 20 Natural Environment Lakes, Tributary/Streams 8.2 High Water Elevations: The lowest floor including basement of any structure constructed in a shoreland area must be 2 feet above the 100 year flood elevation or 3 feet above the highest known water level whichever is greater. 8.3 Height. No structure shall exceed 35' in height. 8.4 Lot Coverage. A maximum of 25% of the lot may be covered with impervious surface. This includes all structures, decks, patios, walks, and surfaced or unsurfaced driveways. 8.5 Stairways, Lifts, and Landings. Stairways and lifts are the only permitted alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet all of the following design requirements: (1) Stairways and lifts must not exceed four(4) feet in width on residential lots; (2) Landings for stairways and lifts on residential lots must not exceed 32 square feet in area; (3) Canopies or roofs are not allowed on stairways, lifts, or landings. (4) Stairways, lifts and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; (5) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and (6) Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of sub items 1 to 5 are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340. (7) A certificate of compliance is required. 8.6 Significant Historic Sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. City of Scandia Development Code 5.8-2 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations 8.7 Steep Slopes. The Zoning Administrator must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. If necessary, conditions must be attached to permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. City of Scandia Development Code 5.8-3 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 9. SHORELAND ALTERATIONS 9.1 Vegetation Alterations. (1) No cutting or removal of trees over six (6) inches in diameter measured at a point two (2) feet- fifty-four inches above ground level within the required building setback shall be permitted unless the trees are dead, diseased, or pose a documented safety hazard. A certificate of compliance must be obtained prior to removal of any trees. (2) Selective removal of natural vegetation shall be allowed, provided sufficient vegetative cover remains to screen cars, dwellings and other structures, piers, docks and marinas, when viewed from the water. (3) In order to retard surface run-off and soil erosion, natural vegetation shall be restored insofar as feasible after any construction project is completed. (4) The provisions of this section shall not apply to normal maintenance of trees such as pruning or removal of limbs or branches that are dead or pose safety hazards. (5) Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas under validly issued construction permits are exempt from these vegetation alteration standards. 9.2 Topographic Alterations/Grading and Filling. (1) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and drive ways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit, provided the building plan included with the permit address all issues and meets all requirements and provisions of Section 9.2(3). (2) Public roads and parking areas are regulated by Section 9.3 of this chapter. (3) Grading or filling is prohibited within the bluff impact zone or shore impact zone. Grading/filling outside these areas shall require a grading permit. Standards for land alteration and grading contained in Chapter 2, Part 3, Section l.6 of the City of the Scandia Development Code must be followed. (4) The filling of any wetland or below the normal ordinary high water mark must be permitted by appropriate Federal, State, and local units of government with jurisdiction. (5) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors will be allowed only after the Department of Natural Resources has approved the proposed connection to public waters. (6) Placement of natural rock rip rap including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet City of Scandia Development Code 5.9-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations horizontal to one foot vertical, the landward extent of the rip rap is within ten feet of the ordinary high water mark, and the height of the rip rap above the ordinary high water level does not exceed three feet. A permit and/or approval must be obtained from the Minnesota Department of Natural Resources and a grading permit is obtained from the Zoning Administrator. 9.3 Placement and Design of Roads, Driveways, and Parking Areas. (1) Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. All roads and parking areas must be designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials. (2) All new roads, driveways, and parking areas must meet the lake setback requirements and must not be placed within bluff and shore impact zones. (3) Public and private watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met and a certificate of compliance is issued by the Zoning Administrator. Grading and filling provisions of Chapter 2, Part 3, Section 16 of this Development Code must also be met. 9.4 Buffer Strips. In order to maintain water quality, reduce flooding and erosion and to provide sources of food and habitat for a variety of fish and wildlife, a buffer strip shall be provided and maintained around all natural environment lakes and streams and type 3, 4 and 5 wetlands. (1) Lake, Wetland, Stream Buffer Widths. (A) The minimum buffer width shall apply to all buffer widths including those that are restore, replaced or enhanced. (B) The City may require a variable buffer width to protect valuable adjacent habitat when considering variances for building setbacks. (C) The following buffer widths shall be maintained: Lake/Wetland NE Lake Type 3,4,5 Stormwater Type Wetland Pond Minimum Buffer 50 feet 50 feet 10 feet Width Building Setback from outer edge 10 feet 10 feet 10 feet of buffer City of Scandia Development Code 5.9-2 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations (2) An access corridor 50' wide is permitted to gain access to the waterbody. City of Scandia Development Code 5.9-3 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 10. STORMWATER MANAGEMENT 10.1 Stormwater Management. Standards for stormwater management as contained in Chapter 2 and Chapter 3, Part 3, Section 1.6 of the City of Scandia Development Code and the City of geaiiiii-a-Subili-A-sion-OfElinaneeTchapter-ThfeeSeetien-4-07-37shall apply. City of Scandia Development Code 5 10-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 11. STANDARDS FOR NON-RESIDENTIAL USES 11.1 Standards for Non-Residential Uses. Any permitted use of land adjacent to public water which needs to have access to and use of public waters must meet the following standards in addition to any other requirements of this chapter or the City of Scandia Development Code: (1) In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this Development Code, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures. (2) Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be minimum size necessary to meet the need. (3) Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards: (A) No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public water by a public authority or under a permit issued by the County Sheriff. (B) Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey the location and name of the establishment and the general type of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than six (6) feet above the ground, and must not exceed 16 square feet in size. The sign shall not be lighted and shall be of an earthen tone color. A sign permit must be obtained from the Zoning Administrator. (C) Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards, and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. City of Scandia Development Code 5 11-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 12. AGRICULTURAL USE STANDARDS 12.1 Agricultural Use Standards. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Sei1- Natural Resources Conservation Service (NRCS), as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. City of Scandia Development Code 5.12-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 13. FOREST MANAGEMENT STANDARDS 13.1 Forest Management Standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Sources Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota". • City of Scandia Development Code 5 13-I Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 14. CONDITIONAL USES and approval procedures, and criteria and conditiow for review of conditional uses established topographic, vegetative, and soils conditions on the site must be made to ensure: (1)The prevention of soil erosion or other possible pollution of public waters, both during and after construction. (2)Limited visibility of structures and other facilities as viewed from public waters. (3)The site is adequate for water supply and on site sewage treatment. relation to the suitability of public waters to safely accommodate these watercraft. 14.2Conditions Attached to Conditional Use Permits. The City of Scandia Planning Advisory Commission, upon consideration of the criteria listed above and the purposes of the chapter, to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following: (1)Increased setbacks from the ordinary high water level. (2)Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted. , watercraft launching and docking areas and vehicle parking areas. City of Scandia Development Code 5.14-1 Draft I 1/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 1_r icTI iICATE OF ZONING-GO PLI A lr GEE conforms to the requirements of this chapter. My use, arrangement, or construction at variance with `t'a` uth ea ermit h ll t' a ed a violation of this chapter. City of Scandia Development Code 5.15-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 146. WATER SUPPLY 16.114.1 Water Supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency. City of Scandia Development Code 5.14-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 157. SEWAGE DISPOSAL 17.115.1 Sewage Treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment in accordance with the Washington County Individual Sewage Treatment System (Chapter 1 of the Washington County Development Code) and meet appropriate setback requirements as contained in Section 8.1 of this chapter. 17.215.2Non-conforming Sewage Treatment Systems. Non-conforming sewage treatment systems shall be regulated and upgraded in accordance with Section 7.1 of this chapter and the Washington County Individual Sewage Treatment System Ordinance_ (Chapter 1 of the A sewage treatment system not meeting the requirements of the Washington County Individual Sewage Treatment System Ordinance must be upgraded at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property, with the exception of nonhabitable spaces. City of Scandia Development Code 5.15-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 168. FENCES 18.116.1 In addition to the standards contained in Chapter 2, Part 3, Section 1.5 of the City of Scandia Development Code, the following standards must also be met on shoreland property. 18.216.2 No fence shall exceed 4 feet in height unless all required building setbacks are met. If the fence is located so as to meet required building setbacks, a 6'-foot high fence is permitted. 4-8,316.3 No fence shall be constructed closer to the lake than the required lake setback requirement unless the existing home is located closer to the lake than the required setback in which case the fence may be constructed even with the lake side of the home. City of Scandia Development Code 5.16-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 17#. NONCONFORMING SITUATIONS Non-conforming situations shall be regulated in accordance with Chapter 1, Section 132 of the City of Scandia Development Code with the following exceptions: 179.1 (1) A lot or parcel of land which was of record as a separate lot or parcel in the Office of the Washington County Recorder or Registrar of Titles, on or before January 1, 1973 which is in a residential or agricultural district, and is not a contiguous lot or parcel as that term is described and regulated under Chapter One, Section 13.4 (2) of the City of Scandia Development Code, may be used for single family detached dwelling purposes, without a variance, provided that: (A) The aArea and width thereof are within sixty percent (60%) of the minimum requirements of Section 7.1 of this chapter. (B) Provided aAll setbacks requirements of this chapter can be maintained. (C) Provided iIt can be demonstrated that either two (2) safe and adequate sewage treatment systems can be installed to service such permanent dwelling or the dwelling is served by public sanitary sewer. (D) On Natural Environment Lakes, any separate lot or parcel of record, and not under common ownership with adjacent parcels, legally created and recorded prior to the adoption of this chapter may be used for single family detached dwelling purposes without a variance if it is at least 1.5 acres in size, is 120 feet in width, and meets item (B) and (C) above (17.1 (1) (B) and (C)). (2) Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: (A) The structure existed on the date the structure setbacks were established. (B) A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure. (C) The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive. (D) No deck on a nonconforming structure shall exceed 10 feet in width. (E) The deck is constructed primarily of wood, and is not roofed or screened. City of Scandia Development Code 5.17-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations (F) A certificate of compliance is obtained from the Zoning Administrator. City of Scandia Development Code 5.17-2 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations SECTION 2018. SUBDIVISION PROVISIONS 20.118.1 Land Suitability. Each lot created through subdivision must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. 18.2 Subdivision Process. All subdivision of land shall be in accordance with Chapter 3 and all other applicable provision of the Development Code. (1) Cluster Developments/Open Space Deign Subdivisions. a conditional �1se: ii.The standards, application requirement and other conditions for this type of development will 3, S , iii.Yield Plan. The applicant shall submit a yield plan showing the maximum number of Code and subdivision regulations. • ch shoreland classification: (1) Unsewered Lakes Lake E sc —�14•nimum Lot S• • NE refer to underlying zoning district 200' density requirements RD 1.5 150' GD 1.5 150' (2) Scwcrcd Lakes Lake Class Minimum Lot Size Minimum Lot Width GD 15,000 sq ft 75' City of Scandia Development Code 5.18-1 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations A) Natural Environment Lake/River/Stream Frontage Lot Standards the underlying zoning density restrictions. The lot width standards for single family residential developments for these classifications are as follows: Classification Width (feet) Transition River 250 Tributary Stream 250 Natural Environment Lake 200 (1) Uses The following uses are permitted within OSD developments located in a shoreland zone. These uses of Scandia Development Code. (2) Ticr One (Lakeshore Lots): (A) Single Family Residential (B) Parks and historic sites (C) Agricultural: cropland and pasture (D) Open Space (B--)—Agrieulter-ali-erepland-anfl-pastere (C) Boat T a nching Facilities and r red parking C (D) Beaches (F) Trails (walking, skiing, cycling, horseback riding) (G) Picnic Areas The following uses would be allowed with a conditional use permit: (3) Bed & Breakfasts in accordance with Chapter 2, Part 3, Section 2.13 of the Development Code (1) Accessory apartments in accordance with Chapter 2, Part 3, Section 2.13 of the Development Codc (1) Tier Two: (H) Single Family Residential (I) Parks and Historic Sites (J) Agricultural: cropland and pasture (K) Open Space (1) Conservation (i.e. woodland, meadow, prairie) City of Scandia Development Code 5.18-2 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations (2) Agricultural: cropland and pasture (3) Equestrian (J\) Trails `• al � l l; h seb ack riding (B) picnic areas (F) ball fields (G) playgrounds (H) courts (tennis, basketball, etc) (I) swimming pools (J) Common Buildings (5) Storm water Management Facilities (6) Sewage Disposal Systems (7) Essential Services Utility Substation The following uses are allowed in the designated Open Space within Tier Two with an additional C, ditu' l U P - -'t (1) Golf Course (2) Recreational uses available to the public including: (A) ball fields (B) Play grounds (C) Courts (E) Aceessoi apartments in accordance Chapter 2, P-art 2,1- —o -the Development r a 11BeP. D..eakf st eeerdanCep •+�te' eetie 7 G f tl D� elm t-!h d v.v vYuicirccar (A) Density (1) The number of density units for the parcel shall be determined in accordance with (2) The number of density units determined in (1) above may be increased on natural ° • g zoning is agrieultural or conservancy. (B) Performance Standards (3) Residential Lot Requirements City of Scandia Development Code 5.18-3 Draft 11/28/07 Chapter Five 0 Shoreland Management Regulations Unserviced Lots (on site septic system) (A) Minimum Lot Size: 1 acre (B) Minimum Lot Width: 100' Serviced Lots (Public Sewer) (C) Minimum Lot Size: 9,000 square feet (D) Minimum Lot Width: 50' (1) Setbacks All applicable lake and bluff line setback requirements must be met. In addition, the following setbacks must also be met. (A) Side yard setback 10' (B) Rear Yard setback 20' (C) Road setback 20' (5) Open Space Design (A) Open space shall be designated as part of the development. The minimum required open space is based on a percentage of the gross acreage: Natural Environment Lakes: 50% Reefeation Development Lakes: 10% 0 (B) The required structure setback area and bluff impact zone must be included in the designated open space. This area shall be preserved in or restored to its natural state. Access to the lake shall be determined by the Planning Advisory Commission as part of the conditional use permit application. (C) I r-addition to Sin) above f rty (40) Pe ent fthe left +1, fthe shoreline to a depth of three times the required structure setback from the ordinary high water mark must be included in the designed open space. SECTION 21. NOTIFICATION TO THE DEPARTMENT OF NATURAL RESOURCES 21.1Copies of all notices of any public hearings to consider variance, amendments, or conditional uses under this ordinance must be-sent to-the-cemmissio„er or the e er's des ated b' b consider proposed subdivisions/plats must include copies of the subdivision/plat. City of Scandia Development Code 5.18-4 Section 4: Effective Date. This ordinance shall be effective following its review by the Minnesota Department of Natural Resources and upon adoption and publication according to law. Adopted this day of , 2007. Dennis D. Seefeldt, Mayor Anne Hurlburt, Administrator Carnelian-Marine-St Croix Watershed District Scandia Plaza II,21150 Ozark Ave. P.O. Box 188,Scandia,MN 55073 November 26, 2007 Anne Huriburt, Administrator City of Scandia 15727 209th Street No. Scandia, Minnesota, 55073 Re: CMSCWD Comments on City of Scandia Interim Draft Shoreland Ordinance Dated 10/03/2007 Dear Ms. Huriburt: The District appreciates this opportunity to provide comment on Scandia's draft Shoreland Ordinance and recognizes the "interim" nature of the ordinance due to the reasons stated in your October 4, 2007; cover letter (expected new City Comprehensive Plan and District Rules). We have tried to limit our comments to those relevant to the District's existing plan requirements. The following are the Carnelian-Marine-St. Croix Watershed District(District) for the City of Scandia's Draft Shoreland Ordinance referenced above. Please provide copies of CMSCWD comments to the City Council/Planning Commission for consideration at their December 4, 2007, meeting and public hearing on the ordinance. 1. In general the District believes that the shoreland ordinance does a pretty good job protecting the associated resources. Our primary concern is when variances to the shoreland are granted. We hope the City will continue to seek District comments when considering variances to the new shoreland ordinance. 2. Section 3.1 (5) "Definition of Buffer Strip". Does the city feel it is clear that mowed, maintained turf grass is not allowed in the buffer area, except in the access area? 3. Section 4 "Administration". City may want to include a statement for notice to "Watershed District" similar to the notice to the "MNDNR". This would inform potential applicants that the City will also be seeking comments from the Watershed District. 4. Section 5.4 (2) "Tributary Streams". The are several spring creek streams, tributary to the St. Croix River, in Scandia that were identified in the "Spring Creek Study". These streams are high quality groundwater dependent resources that would benefit from the protection provided by the shoreland ordinance if included. District recommends expanding the definition of"Tributary Streams" to include these streams. 5. Section 8.1 "Placement of Structures on Lots". Proposed structure setbacks appear to allow construction within the buffer area of wetlands. Both for some City defined wetland buffers and Watershed District defined buffer requirements. Proposed stairways, lifts and landings should be located within the allowable access area. Managers John Bower Richard Caldecott Victoria Dupre Steve Kronmiller James Shaver Frederick Markwardt Douglas Pratt CMSCWD - (Comments to Scandia on Draft Shoreland Ordinance) 11/26/2007 Page 2 6. Section 9.1. "Vegetation Alterations". The District frequently hears complaints from residents about the un-permitted removal of trees the building setback of the shoreland area. What are the enforcement measures available to the City when this happens? The District would be supportive of aggressive enforcement of this provision. 7. Section 9.3. "Placement and Design of Roads, Driveways, and Parking Areas". These facilities need to be located outside of the buffer areas to be consistent with City and Watershed District requirements. 8. Section 9.4. "Buffer Strips". This section needs to include "Recreational Development Lakes" and all "Wetlands" to be consistent with Watershed District's current and future proposed requirements. It would also be helpful if the buffer widths called for were consistent with Watershed District's current requirements. Similarly the "Access Area" would need to be restricted to 30-ft or half of the lot width, whichever is less. 9. Section 17.1 (1) (D). There is a typo in the last sentence (19.1) should be revised to (17.1). Please feel free to contact me at(651) 770-8448 if you have any questions on these comments or need additional information. Sincerely, (ZJ Daniel A. Fabian, P.E. CMSCWD Engineer cc: CMSCWD Board of Managers Richard Thompson, TKDA (Scandia Planner) 63 r -)1, SC4t.' m i n f_ e .vS' ,) c 1 November 29, 2007 Daniel A. Fabian, PE Carnelian-Marine-St. Croix Watershed District Scandia Plaza II, 21150 Ozark Ave PO Box 188 Scandia, Minnesota 55073 Dear Mr. Fabian: Thank you for your comments on Scandia's draft Shoreland Management Ordinance. As requested, I will provide your letter dated November 26, 2007 to the Planning Commission and City Council for consideration at the December 4, 2007 public hearing on the ordinance. I have reviewed your letter and have some responses to the comments, which I will also share with the Commission and Council. I will follow excerpts from your letter with my response: 1. In general the District believes that the shoreland ordinance does a pretty good job protecting the associated resources. Our primary concern is when variances to the shoreland are granted. We hope the City will continue to seek District comments when considering variances to the new shoreland ordinance. 3. Section 4 "Administration'. City may want to include a statement for notice to "Watershed District"similar to the notice to the "MNDNR". This would inform potential applicants that the City will also be seeking comments from the Watershed District. The City will continue to refer applications for shoreland variances or other development-related applications to the watershed for review and comment. The language in Section 4 regarding notification of the DNR is mandated by them. Rather than adding legal requirements for notification of watersheds here, I believe a better approach would be entering into MOUs (Memorandums of Understanding) with our various watershed districts, defining our working relationships on such matters. Scandia is in three different watershed districts, each of which may desire different administrative arrangements. 2. Section 3.1 (5) "Definition of Buffer Strip'. Does the city feel it is clear that mowed, maintained turf grass is not allowed in the buffer area, except in the access area? I agree that a better set of performance standards for buffer strips is needed. The CMSCWD is developing such standards as part of your current rule-making process. It may be best to Dan Fabian,CMSCWD 1 1/29/07 Page 2 coordinate with the new watershed rules in the "next generation" of the shoreland regulations, rather than trying to develop the standards as part of this housekeeping amendment. In the meantime, existing ordinance language can reasonably be interpreted to require that buffers be unmowed. 4. Section 5.4 (2) "Tributary Streams". There are several spring creek streams, tributary to the St.Croix River, in Scandia that were identified in the "Spring Creek Study". These streams are high quality groundwater dependent resources that would benefit from the protection provided by the shoreland ordinance if included. District recommends expanding the definition of "Tributary Streams"to include these streams. The intent of this update is to include only water bodies officially designated as public waters and required by the DNR to be protected by the shoreland regulations. The spring creeks are not on the list of water bodies we have been given by the DNR, so to include them at this time would be beyond the scope of the update. 5. Section 8.1 "Placement of Structures on Lots". Proposed structure setbacks appear to allow construction within the buffer area of wetlands. Both for some City defined wetland buffers and Watershed District defined buffer requirements. Proposed stairways, lifts and landings should be located within the allowable access area. The ordinance requires a 10 foot structure setback from buffers. Section 9.4(2) allows an access corridor; the rest of the buffer is to be "undisturbed" which should preclude stairways, etc. 6. Section 9.1. "Vegetation Alterations". The District frequently hears complaints from residents about the un-permitted removal of trees the building setback of the shoreland area. What are the enforcement measures available to the City when this happens? The District would be supportive of aggressive enforcement of this provision. Section 4.1 provides that administration of this chapter will be as determined in Chapter 1 of the City's De\elopment Code, which includes the enforcement language for the entire Code (see Chapter 1, Section 14.) The City has the same enforcement measures available for the Shoreland chapter as for any other provision of the Development Code. 7. Section 9.3. "Placement and Design of Roads, Driveways, and Parking Areas". These facilities need to be located outside of the buffer areas to be consistent with City and Watershed District requirements. The definition of"buffer strip" (Undisturbed strip of land adjacent to shorelines and wetlands consisting for native or existing vegetation) appears to exclude roads, driveways and parking areas. If that is not sufficient, Section 9.3 (2) further states that all new roads, driveways and parking areas must meet the "lake setback requirements." The lake setbacks are in 8.1(1). It may not be clear that these setbacks apply to roads, etc. in addition to structures. However, it is clear that such improvements are not allowed in shore impact zones. The shore impact zone is 50 percent of the structure setback. Because the smallest lake setback is 100 feet, the smallest Dan Fabian,CMSCWD 1 1/29/07 Page 3 shore impact zone would be 50 feet; which corresponds to the buffer width. Therefore, the ordinance effectively prohibits these improvements in buffers. 8. Section 9.4. "Buffer Strips': This section needs to include "Recreational Development Lakes"and all "Wetlands"to be consistent with Watershed District's current and future proposed requirements. It would also be helpful if the buffer widths called for were consistent with Watershed District's current requirements. Similarly the "Access Area"would need to be restricted to 30 ft or half of the lot width, whichever is less. Adding buffer requirements where none exist now, or changing the access area width, would be substantive policy changes outside the scope of this update. Because we have another watershed (Forest Lake Comfort Lake) also currently in the rule-making process, I would recommend that Scandia wait to reconcile these various standards after all the watershed rules are in place. Some technical changes along with several changes recommended by DNR staff in their informal review have been made since we mailed you the draft. Enclosed you will find the latest version of the ordinance with revisions marked, along with a clean copy, which will be reviewed at the December 4 public hearing. If the Planning Commission and City Council complete their review at that meeting, the next step would be to forward the ordinance to the DNR for their formal review, which must be completed before the City may put the ordinance into effect. Again. thank you for your comments. Please contact me at 651 433-2274 or via e-mail at a.hurlburt!u)ci.scandia.mn.us if you have any questions. Sincerely, Anne Hurlburt City Administrator cc: Planning Commission Mayor and City Council Enc. Page 1 of 1 Anne Huriburt From: CarMarWD@aol.com Sent: Saturday, November 24, 2007 7:48 PM To: a.hurlburt@ci.scandia.mn.us; dfabian@eorinc.com; richard.thompson@tkda.com Subject: Scandia draft Shoreland Ordinance Attachments: SUGGES-1.DOC Thanks for inviting comments to the draft Ordinance. I have lived on Big Carnelian Lake for 24 years and often comment on variances at Washington County. I hope Scandia will serve as a model for the rest of the County. I did not include specifics from the watershed's draft rules as requested. John Bower-CMSCWD Check out AOL Money& Finance's list of the hottest products and top money wasters of 2007. 1 1/28/2007 Suggestions to proposed changes to Washington County Shoreland Ordinances as part of the city of Scandia Draft Shoreland Ordinance Section 1, sub. 10 Why not add residents or people if not already covered as wildlife. (some of us are wild, others are not). Section 5, sub. 4 Why not include the following creeks that are listed in the Spring Creek Study? Swedish Flag, Clapp's Stream, Gilbertson's Creek, Zavoral's Stream, Swing Bridge#1 & 2. Section 8.1 Sewage Treatment Systems on Recreational Development Lakes The 75 feet is not adequate in most cases.There should be some sort of sequencing mechanism so they are not placed at the 75' mark. There are often springs and the sewage goes directly into the lake. The system should be as far away from the lake as possible. I'd prefer to see the home there if there was a tradeoff. 8.3 Height 35' from the lowest exposed portion of the building including walkout. 8.5 Landings Landings must be made of pervious materials. If in the buffer zone they must be in the 30' access strip. Retaining walls in the buffer area require a variance and shall be considered a structure. 9.1, sub. 1 Trees that are removed will be replaced from a approved list by the zoning administrator. Failure to comply with this section will be subject to a fine in addition to replacement. 9.3, sub. 2 Add buffer areas. 9.4 Buffer Strips Delete type 3,4,5 and add Recreational Development 9.4 sub. 2 Change 50' to 30'. Page 1 of 2 Anne Hurlburt From: Anne Hurlburt [a.hurlburt@ci.scandia.mn.us] Sent: Thursday, November 29, 2007 10:03 AM To: 'CarMarWD@aol.com' Subject: RE: Scandia draft Shoreland Ordinance Attachments: CMSCWD Comments Response.pdf John— Thank you for commenting on the draft shoreland ordinance. Your notes will be shared with the Planning Commission and City Council. Some of your comments were the same or similar to the comments I received in the November 26 letter from Dan Fabian on behalf of the CMSCWD. I'm attaching a copy of my response to that letter for your information, and won't repeat myself in this response to your comments. To simplify my reply, I will follow excerpts from your comments with my response: Section 8.1 Sewage Treatment Systems on Recreational Development Lakes The 75 feet is not adequate in most cases. There should be some sort of sequencing mechanism so they are not placed at the 75' mark. There are often springs and the sewage goes directly into the lake. The system should be as far away from the lake as possible. I'd prefer to see the home there if there was a tradeoff. The draft ordinance continues the existing requirement and is consistent with the DNR's model. A change would require more study beyond the scope of this "housekeeping" amendment. 8.3 Height 35' from the lowest exposed portion of the building including walkout. Structure height is measured according to the definition in Chapter 2 of the city's Development Code (as amended by Ordinance No. 104.) How to measure height was extensively debated and recently amended, and to avoid any confusion it should be the same everywhere in Scandia. The new definition is more restrictive than the previous definition, which allowed taller structures even with the same 35 foot limit, because of the method of measurement. 8.5 Landings Landings must be made of pervious materials. If in the buffer zone they must be in the 30' access strip. Retaining walls in the buffer area require a variance and shall be considered a structure. Landings are required to be above ground on posts or pilings and limited to 32 sq. ft. I am not sure how we could require pervious materials. All disturbance of the buffer (stairs, landings, walls etc.) is prohibited except within the access strip. 9.1, sub. 1 Trees that are removed will be replaced from a approved list by the zoning administrator. Failure to comply with this section will be subject to a fine in addition to replacement. Tree removal requires a certificate of compliance. When reviewing such permits we would use the sections in Chapter 2 of our Development Code re: woodland and tree replacement and landscaping to guide us on species, sizes, etc. of removal. Enforcement is as for the entire development code. Again, thank you for your comments. Please contact me if you have any questions. Anne Anne Hurlburt, Administrator City of Scandia 1 I/29/2007 Page 2 of 2 14727 209th Street North Scandia, Minnesota 55073 651 433-2274 Fax: 651 433-5112 Cell: 651 746-4080 a.hurlburt@ci.scandia.mn.us http://ci.scandia.mn.us From: CarMarWD@aol.com [mailto:CarMarWD@aol.com] Sent: Saturday, November 24, 2007 7:48 PM To: a.hurlburt@ci.scandia.mn.us; dfabian@eorinc.com; richard.thompson@tkda.com Subject: Scandia draft Shoreland Ordinance Thanks for inviting comments to the draft Ordinance. I have lived on Big Carnelian Lake for 24 years and often comment on variances at Washington County. I hope Scandia will serve as a model for the rest of the County. I did not include specifics from the watershed's draft rules as requested. John Bower-CMSCWD Check out AOL Money& Finance's list of the hottest products and top money wasters of 2007. 1 1/29/2007 Meeting Date: 12/4/2007 Agenda Item: b') frt PlanningCommission/City i (4 ' 6 `� �'ss on/C�ty Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Review and discuss the report from the Minnesota Land Trust regarding options for management of conservation easements. Deadline/ Timeline: N/A Background: • Last spring, after hearing about the Minnesota Land Trust at a community meeting, Mayor Seefeldt and Planning Commissioners Malmquist and Maefsky met with a representative of the Land Trust to determine whether or not they could provide assistance with management of existing conservation easements currently held by the City of Scandia. • Scandia currently holds six conservation easements covering 270 acres of land within the City. • Over the summer, Land Trust staff reviewed the documents provided by the City and toured the various easements. A report was prepared documenting the easements and outlining several options for their management, including 1) assigning the easements to others, 2) contracting with the Land Trust, and 3) establishing in-house City capacity to manage the easements, with possible consulting assistance from the Land Trust. Recommendation: The Commission and Council should review the report and the recommendations from the Land Trust. Even if no actions are taken immediately concerning the existing easements, the City may want to consider amending the Development Code to require that future conservation easements that may be created have made provision for ongoing stewardship, possibly through the Minnesota Land Trust. Attachments/ • Minnesota Land Trust Report Dated November 8, 2007 Materials provided: • Map of existing Conservation Easements Page 1 of 2 1 1/26/07 • Minnesota Land Trust "Landowner's Guide to Protecting Land through Conservation Easements" Contact(s): Sarah Strommen, Minnesota Land Trust 651 917-6280 Prepared by: Anne Hurlburt, Administrator (Mn land trust) Page 2 of 2 11/26/07 Overview and Evaluation of Conservation Easements and V Options for Future Management v to City of Scandia ' November 8, 2007 _ �.. b Prepared by: The Minnesota Land Trust 2356 University Avenue West Suite 240 St. Paul, MN 55114 651-647-9590 ck Ncound and RI. The intent of this document is to provide the City of Scandia with a summary of the six conservation easements currently held by the City and offer options for future management of those easements. Background Scandia is a community of 39 square miles located in the northeast portion of the Twin Cities metro area in Washington County. Situated along the St. Croix River, Scandia has an abundance of natural resources, including wetlands, lakes and woodlands. Recently incorporated as a city, Scandia is a community transitioning from a rural township to a more integrated part of the greater metropolitan area. As it makes this transition, Scandia wants to ensure that its rural and scenic character is preserved. One way the City achieves balance between development and natural resource protection is through its Open Space Conservation Subdivision (OSCS) ordinance. The purpose of this ordinance is to preserve the community's rural character and to create smaller, higher density developments that have a stronger connection and access to open space areas such as natural areas, agricultural land or historical sites. Open space development offers Scandia alternatives to traditional urban/suburban sprawl and creates a distinct community character by retaining its rural farms and open space. In the agricultural and semi-rural zoning districts currently being targeted for development, the zoning regulations allow four and eight dwelling units per 40 acres, respectively. OSCSs are established to encourage rural housing clusters and protect the scenic, natural, agricultural and cultural areas of Scandia by providing a density bonus when a minimum percentage of the land is dedicated to permanent open space. The degree of the bonus depends upon the quantity and quality of the protection afforded to natural landscapes, open space, and cultural features. Such projects typically result in at least 50%of the property preserved as open space, and in most cases, the open space is owned by a homeowners association and permanently protected by a conservation easement. As a result of this policy/ordinance, the City of Scandia now holds six conservation easements in residential settings. f 1 Purpose In 2007 Scandia's mayor and other city leaders began considering whether the City had adequate capacity to manage its conservation easements effectively to preserve the public values the City sought in requiring and taking the easements in the first place. The Minnesota Land Trust was invited to review the City's easements and provide advice regarding future options for management. The goals of the Land Trust's review are twofold: • Review and evaluate the current status of Scandia's six conservation easements. • Present some options for future management of the City's conservation easements, consistent with nationally accepted standards and practices for conservation easement transactions and stewardship. And to provide some idea of the relative cost of those options. 4 2 Summary of Exist t g Easements General Statistics The six conservation easements held by Scandia were completed between 2000 and 2007. All of the easements are perpetual, and all are associated with conservation developments. The open spaces protected by the six conservation easements vary in size and ownership, and provide a variety of conservation and public benefits. These easements typically restrict further division of the property, industrial, commercial, and residential use, and removal of the natural vegetation. Most of the easements allow the establishment of trails for non-motorized recreational use. In total, these easements protect more than 270 acres within the City. The locations of the City's six easements are depicted on the attached map. Below is a brief summary of general statistics. Each protected area is further described in an individual project overview. Development Year Acres Ownership of Open Conservation Completed Space Values Tii Gavo 2007 97.49 HOA •Scenic •Habitat/natural area •Riparian/aquatic Natures Walk 2005 54.77 HOA • Scenic •Riparian/aquatic Manning 2003 30.26 HOA • Scenic Overlook •Habitat/natural area •Riparian/aquatic Hillshade Farm 2004 <40 Private Landowner •Habitat/natural area •Riparian/aquatic Wild Bush 2004 22.78 HOA •Habitat/natural area Acres •Riparian/aquatic Swenson's 2000 27.5 HOA and Private •Habitat/natural area Goose Lake Landowner •Riparian/aquatic Estates Issues of Concern • No baseline property reports exist for any of the easements. • None of the easements have been monitored consistently. • Given the lack of any formal monitoring or documentation, it would be difficult to know if there are any encroachment or violation concerns. 3 oa,ttions for F.,:ture anagement 0 of Conservation Easements OPTION ONE Assign conservation easements to another qualified holder, such as the Minnesota Land Trust. The terms of the conservation easements currently held by Scandia prevent the easements from being assigned to another entity. Therefore, unless the City is interested in amending the easements to allow assignment, the City of Scandia must continue as the holder of these easements. However, a couple of other options exist for the Minnesota Land Trust to assist the City with easement management. OPTION TWO Contract with Minnesota Land Trust to create baselines, establish stewardship files, monitor easements, and report to the City. One-time Expenses • Creation of baseline property reports* for $ 16,800 six conservation easements (includes 4 copies of report: landowner, 2 office, workbook) • Establishment of easement stewardship* $ 900 files/record keeping system Total One-time Expenses $17,700 Annual Expenses • Monitoring* six easements annually, $ 1,100 providing follow-up and monitoring reports to City (includes major update of workbook every 5 years) Total Annual Expenses $ 1,100 *Please also see attached Land Trust Fact Sheets on Baseline Property Reports, Conservation Easement Stewardship, and Conservation Easement Monitoring. 4 4 OPTION THREE Create a program structure to manage conservation easements within the City of Scandia. As an alternative, the City may wish to build its own capacity to hold and manage conservation easements. Elements of a conservation easement program that meets nationally accepted standards and practices, as defined by the Land Trust Alliance, would include: • Evaluating and Selecting Conservation Projects o City ordinance o Other project design criteria • Transactions o Legal review o Title review o Determining and mapping project boundaries o Document drafting o Baseline and other documentation o Recording • Conservation Easement Stewardship o Baseline property reports o Monitoring o Landowner relationships o Enforcement • Recordkeeping o Project files The Minnesota Land Trust can provide the City with advice and materials for establishing protocols on these issues. Consulting Expenses • Consulting and materials on format for creation of baseline property reports • Consulting and materials on easement stewardship and record keeping, including monitoring protocols $75 per hour Total consulting expenses would be dependent on level of Land Trust involvement Additionally, the City could expect one-time expenses for the establishment of baselines and stewardship files as well as annual costs of staff time for monitoring and recordkeeping. } 5 — Minnesota Land Trust Baseline Property Reports The property report is a critical component of the conservation easement process. Documenting the condition of a parcel of land subject to a conservation easement at the time the easement is granted, it is the background information against which the property is monitored and evaluated over time to determine if there has been a violation of the terms of the easement. In the event of a controversy between the landowner and the Minnesota Land Trust, the property report can be used as a basis for resolving the dispute. The report can also be used to help the landowner become more familiar with the property's natural features and conservation values. Because it is so essential, the IRS requires all conservation easement donors to have a completed, signed baseline property report when claiming an income tax deduction. See Treasury Regulations §1.170A- 14(g)(5)for additional information on IRS requirements. It is the practice of the Minnesota Land Trust to prepare a baseline property report for all lands on which it holds a conservation easement. Property reports contain numerous maps and photographs with- of trmation such as the foil P. - C • Location of the protected property. ' ' • Description of the surrounding area and the context in which the property'is rOZated • An overview of the natural features, vegetation or land coiter-;and flora and fui ,l' fit. associated with the property. • Natural historyand land use historyof the property.P rtY• _ i • Locations of existing and future roads, buildings, fences, and other-Amov ents� ; Timing: The property report is typically completed as the easement is being finished or shortly afterwards. The Minnesota Land Trust asks the landowner to review the report for accuracy and to sign a certification indicating that the property report accurately reflects the condition of the property at the time the easement was completed. Monitoring Workbook: From the property report, the Land Trust also creates a monitoring workbook. This workbook will be used to trace the history and ownership of the property over time,to record the results of monitoring visits and document changes on the property. The monitoring workbook includes a "monitoring plan", which serves as a guide for the monitor as to the most efficient and effective way to monitor the property. Landowners Receive a Copy of the Property Report: All landowners receive a copy of the property report covering their land. While the report was created to aid the Land Trust in fulfilling its promise of protecting the land forever, it is also an attractive and informative document about the land that landowners can share with others and keep as a special illustration of the land they love. Minnesota Land Trust•2356 University Avenue West.Suite 240,St.Paul,MN•55114•651.647.9590•www.mnland.org ©December 2006 Printed on recycled paper Minnesota Land Trust Conservation Easement Stewardship Working In Partnership with Landowners and the Communities in Which Their Lands Are Located Conservation easements are forever. With each easement, the Minnesota Land Trust accepts responsibility to protect that land and its conservation values into the future. Stewardship in the Minnesota Land Trust is that portion of our program designed to make sure that we do meet our responsibility for each conservation easement over time. Components of a Conservation Easement Stewardship Program There are a number of specific components to the Minnesota Land Trust's conservation easement stewardship program. These include: • Creating the baseline property report. • Easement administration. 4: tik • Monitoring. • Landowner relations. 41. • Community relations. {' • Easement enforcement and defense. f" Each component of the program, discussed generally below, plays a critical role in making sure the Land Trust fulfills its obligations to our landowners and the lands they have placed in our care. Voluntary Compliance vs. Legal Enforcement The primary objective of our stewardship program is to preserve the conservation values of those lands protected by conservation easements. Ensuring compliance with the terms of each easement is critical to meeting this objective. The Minnesota Land Trust is prepared to legally defend and enforce its easements when necessary. Legal enforcement, however, is a remedy of last resort. Our program is most successful if compliance is voluntary. Therefore, we work in partnership with landowners—and the local communities in which our protected lands are located—to encourage voluntary compliance with the terms of our conservation easements whenever possible. (over) Working in Partnership The Minnesota Land Trust recognizes that it cannot be successful without working in cooperation with the many landowners dedicated to protecting their lands through conservation easements. The Land Trust respects the commitment made by these landowners and is dedicated to working with them in a respectful and professional manner. In all of our stewardship activities, we strive to: • Establish and maintain good relationships with our landowners. • Establish and maintain good relationships with the communities in which our easements are located. • Provide professional, timely responses and service to our landowners. Recordkeeping Our commitment to land preservation cannot be met unless we also manage our program to keep track of the status and condition of the lands protected by our conservation easements. Therefore, we also: • Document the condition of lands protected by each easement at the time the easement is completed by completing a baseline property report. • Monitor the condition of the property over time. • Maintain accurate records regarding each conservation easement accepted by the Land Trust. Funding The Minnesota Land Trust has created a dedicated stewardship and enforcement fund to provide a long-term, ongoing source of income to cover the ongoing, long-term costs associated with monitoring and managing our portfolio of conservation easements. The fund is also available to cover extraordinary expenses associated with managing, upholding or defending an easement should its terms or validity be at risk. Contributions to the stewardship fund are pooled from a number of sources, including landowners, and are managed to support all of the overall needs and obligations of the Minnesota Land Trust. The Land Trust strives to be as efficient and effective as possible in using these funds to support our ongoing stewardship activities. Contributions to the fund are always needed. Contact the Minnesota Land Trust for information on how to support our stewardship work. Minnesota Land Trust•2356 University Avenue West,Suite 240,St.Paul,MN•55114 651-647-9590•www.mnland.org ©February 2004 Printed on recycled paper or- Minnesota Land Trust Conservation Easement Monitoring Monitoring is the regular inspection of property protected with a conservation easement. It is the core component of the Minnesota Land Trust's conservation easement stewardship program. It helps the Land Trust build relationships with landowners, allows the Land Trust to discover any problems on the land, provides an opportunity to document any changes in the property or its ownership, and is critical for the Land Trust in order to meet its legal obligations. Monitoring Visits It is the policy of the Minnesota Land Trust to monitor each property protected by a conservation easement once a ''^f. t. , year—and more frequently if necessary. It is our goal to prevent easement violations; frequent contact with the land _ and the landowner helps us achieve that goal. � - • The monitoring season typically runs from May through s October. Spring and fall are popular times to monitor as I sparse vegetation can make it easier to view the property. = • •. � '',.. Monitoring is most frequently done in person with a Land Trust staff or volunteer monitor walking the protected property. However, in some cases monitors review property by car, by boat or by an aerial flyover. Each conservation easement and each parcel of land is unique so each requires its own monitoring approach. Working with Landowners Each year, the Land Trust assigns a monitor to visit every property protected by a Minnesota Land Trust conservation easement. The assigned monitor will then contact the landowner to arrange a time to visit the property. The Land Trust welcomes and encourages landowners to accompany the monitor during the monitoring visit. Walking the land together can be important for a number of reasons, including: • Landowners have a more intimate connection to their property than does the Land Trust and their knowledge can make the visit more effective and efficient. • There is an opportunity for a landowner to raise any questions about the easement or to discuss any future plans or goals for the property, which can help prevent unintended violations. A landowner may also ask someone else—perhaps a family member or neighbor—to accompany the monitor. Whether or not they are present during monitoring, all landowners are provided with a summary of the monitoring visit. (over) Documenting the Condition of the Protected Property Conservation easements may be perpetual but memories fade and property conditions change over time. The Land Trust asks each monitor to complete a report following each monitoring visit. These reports are kept in the Land Trust's office and provide an important record of the property's condition and its use so that those who come later understand the history of a protected property. Preventing Problems vs. Discovering Violations The essence of any conservation easement monitoring program is to make sure that landowners are complying with the terms of their easement. Through periodic monitoring, the Land Trust can often detect potential problems early—before they become serious violations. However, we also encourage all landowners to contact the Minnesota Land Trust whenever they have a concern or question about their easement rather than waiting for the annual monitoring visit. No matter how thoughtfully drafted, conservation easements can be confusing. Seeking an interpretation early can avoid problems later. In the end, the Minnesota Land Trust must be prepared to correct any violations of its easements. This is the commitment we make to all landowners who entrust us with the responsibility to protect their land. If a violation is discovered, we will work with the landowner whenever possible to have the situation corrected without further action. Legal enforcement is a remedy of last resort. Volunteers Volunteers play a critical role in the Minnesota Land Trust's monitoring program. They are able to extend the Land Trust's presence into local communities throughout the state and personally work with landowners when staff might not otherwise be able to do so. All volunteer monitors are required to complete a training and certification program so that they can be skilled and informed representatives for the Minnesota Land Trust. Although our volunteers are well-trained, the Land Trust also assigns a staff member to monitor each property at least once every five years so that staff remain familiar with all of the properties we protect. The Land Trust holds training sessions for new and returning volunteers at least annually in one or more locations across the state. Many landowners serve as volunteer monitors. They are familiar with conservation easements as well as the work of the Minnesota Land Trust and so make great ambassadors for our work. Interested in being a monitor? Contact the Minnesota Land Trust office. Minnesota Land Trust•2356 University Avenue West,Suite 240,St.Paul,MN 55114•651.647.9590•www.mnland.org ©February 2004 Printed on recycled paper 1 wt � `+ t6i, . , S k.� .. Bone Lake k W t�IRI a M t 054- . '3 • .i'E4. i ,Il :LN .+"tom mrw ?( • 4i ; m t__._.` M1 r a S, ,. , . , i, , .... 1.T y . _ B. qt d 11.,�•�� fr �y in �\ ,.. .I,i et,[_.. / w :.ar CrnF I. Y "7 tr y§ t-}.� F "+�' b ..,.. K 6gAM 1 C it no la. its � �� . � ;,•C A ,�' A't 1. w r, i " tl i s ' i 1 /. ,,:,_. f` yi Lake .. _ -.' t9 _ .. 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":"- ----:---- ,--!---.-'-' " • ._ , 4_, .. .,, ,. 4,..„, _,.,.• __,I= .. t1/4,41-, - ,. ,, ,• i--4,,, let • *( -*- — sit ::44* « a ' trethe` .4 . ,,:- ."-=,• -. ..._ .44 t".' ila , 0 al. '.4tr-^"A°... tiS. Our years on earth ore limited. This is for • L'i '!• ...4 ..,4 , , ..0.0",,,, ..,,...-,..::.,47 4,114 the people who come after us. Few of us are ,..,1..-i,i._ • `,.....,41. P ir I 10° ' ' f ,O.,114' '4. given the opportunity • to make a permanent , • .--, 1 ....V ':a ."'4 Change. LVVith Cl conservation easaetmcehnotn];.e ;T v.( ,L :*;* ?" - ta ' '' 1111,- -r' S * o''• )' It'i hove that opportunity to make that .,.:' • . r,,,. v. • 4 P - • 'ilirt - .#' -Dan Rogers, Bemidji landowner -:',,,..,, -IF .#4..t. ..r. ,_ 1., .It 1,,. .‘; ,. IL ''' .•040r• .,„:- . • . ,..4 ' ",,. ''.., - tit ..0,41 • I', 4# - 4 - 11" --. 1 .',.' '. ' . '.i, e ,a.-- .:#-, . .- ; - 4,, - , # - 1."1„„ 4,„!** t J. ---q%isibmigialWfolA 5' 4 ?- •-t ': , % '- .4*. ' . ,. '',4-.•.„ „,'t 4 , .,..- 4184.z*,*-414., , Z'kt',fF - _' . X-r; -*, t .` Photo by Marc Wood he Minnesota Land Trust is a nonprofit Trust. Whenever possible we will provide landowners Torganization dedicated to permanently with information on other options. protecting the land and water resources that define our communities and enrich our quality of life. WHAT RESTRICTIONS ARE INCLUDED IN A Through conservation easements, the Land Trust CONSERVATION EASEMENT? works in partnership with interested landowners First, conservation values are defined and then across the state to preserve important natural and restrictions are created to protect those values. scenic resources by limiting the use and development Restrictions may apply to all of a landowner's of their land. Conservation easements offer property or to only a portion of it. landowners the opportunity to retain and enjoy their land while knowing it will be safeguarded for future Typically, easements address subdivision, commercial generations. or industrial uses, mining, construction of buildings or roads, utilities, disturbance of the vegetation or WHAT IS A CONSERVATION EASEMENT? topography and any activities on the property that A conservation easement is a set of restrictions a might interfere with the conservation purpose for the landowner voluntarily places on his or her property in easement. order to preserve its conservation values. The conservation values of the property and the For example, an easement preserving rare woodland restrictions created to preserve those values, along habitat may require that the property be left entirely in with the rights reserved by the landowner, are detailed its natural state, prohibiting all development. Or, to in a legal document known as a conservation protect a lake or stream, an easement may allow easement. This document is filed with the local limited inland construction of buildings or trails while county land records. restricting such activities along the more fragile shoreline. Some easements may permit continued A conservation easement is conveyed to a farming or limited timbering. Others may provide for government agency or nonprofit conservation enhancement of wildlife habitat or restoration of organization qualified to hold and enforce easements. native prairie. Most conservation easements—including all of those held by the Minnesota Land Trust—are perpetual. WHAT ARE THE EFFECTS OF A CONSERVATION They apply to the current owner and all future EASEMENT ON AN OWNER'S PROPERTY RIGHTS? landowners, permanently protecting the property. A landowner retains all rights to the property not specifically restricted or relinquished by the easement. Each conservation easement is unique, specifically The landowner still owns the land and has the right to tailored to the particular land being protected as well use it for any purpose that is consistent with the as to the particular situation of the landowner. easement, to sell, to transfer or to leave it through a will. Typically, landowners also retain the right to WHAT TYPES OF LAND CAN BE PROTECTED restrict public access. THROUGH CONSERVATION EASEMENTS? Conservation easements can be used to protect a WHAT OBLIGATIONS COME WITH A variety of lands, but the Minnesota Land Trust CONSERVATION EASEMENT? concentrates its efforts on: Landowner: The landowner remains responsible for • Natural habitat for wildlife, fish and plants such the land—for its maintenance and upkeep, for paying as prairies, forests, blufflands, or wetlands. taxes and for otherwise meeting the typical • Lakeshore, rivers and streams, the natural obligations of land ownership. Conservation easements add only a few further requirements: features and systems with which Minnesota is so • To notify the Minnesota Land Trust of proposed identified. • Scenic landscapes, particularly those with local changes to the property community, cultural or historic significance. • To allow periodic monitoring visits - To notify the Minnesota Land Trust when selling or Not all properties are suitable for protection through transferring the property conservation easements with the Minnesota Land • To comply with the restrictions in the easement Minnesota Land Trust: The Minnesota Land Trust advisors. is obligated to oversee and enforce the terms of the CONSERVATION EASEMENT CASE STUDIES easement. A representative will periodically schedule visits to the property to make sure the land continues Bruce and Lois Garbisch—St. Louis County, to be used according to the easement. If necessary, the Minnesota Minnesota Land Trust will legally defend the Bruce and Lois Garbisch own undeveloped lakeshore easement in the event of a violation. The Land Trust property on Elbow Lake in St. Louis County, does not otherwise have the right to use the property Minnesota. Glacial rock outcroppings and a boreal without the landowner's permission. forest of red and white pine, aspen, spruce, balsam fir WHAT ARE THE BENEFITS OF A CONSERVATION EASEMENT? Land Protection—Conservation _ easements are a cost effective tool to 7 _' protect Minnesota's increasingly v w threatened land and water resources, _z ; preserving wildlife habitat, safeguarding our waters and capturing scenic vistas for today and tomorrow. Living Legacy—Conservation easements -�E— give landowners peace of mind, knowing that their commitment to protecting their s "special places" will be forever respected and remain an enduring legacy for their family and their community. w Common Good—Conservation ease- ments allow landowners to contribute to local communities and to the state by pro- Pictured is a view of Bruce and Lois Garbisch's property on Elbow Lake in St. Louis County in northern Minnesota. The property was tecting the land and water resources that protected with a conservation easement to preserve its natural provide us with our cherished quality of habitat, lakeshore and scenic qualities. life. Financial Benefits—Conservation and cedar line its 1,300 feet of shoreline, a striking easements may reduce a landowner's tax obligations contrast to the clear blue waters of Elbow Lake. in number of ways: Blueberry and bunchberry patches are scattered • Income Taxes: As with other charitable throughout the property and large leaf asters carpet the contributions, the donation of a conservation ground. The low-lying areas are characterized by bogs easement under certain circumstances may allow and swamps, while the higher ground provides the landowner to claim a federal income tax wonderful views of the surrounding area. deduction for the value of the easement. • Estate Taxes:A gift of a conservation easement Except for logging in the 1890s, only natural forces may also reduce federal estate taxes, making this have altered the land over the years. Now, with an effective way to transfer land to the next development changing the character of many northern generation with its natural features intact. Minnesota lakes, this property has become an • Property Taxes: An easement that reduces the increasingly rare example of the lakeshore landscapes value of the land may result in lowered annual that have drawn people to the area summer after property taxes. summer. The rules governing all of these potential tax savings Working with the Minnesota Land Trust, the are complex and require the advice of professional Garbischs have now protected their property from page 3 4*rrs7+.'""'-mot - a, ",".� r� ,, t: sd• Nick and Geraldine Gulden—Wabasha �= '•` " t� ` .„ .„ County, Minnesota' 0 y •`- �� Nick Gulden has long loved the outdoors and in 1983 s° *4'4... p j : , s'l .; he purchased his own tract of undeveloped woodland `` �`- _ overlookingthe Mississippi River in southeastern ' ' 't . "�' ' Minnesota. Typical of the scenic blufflands that have {Y�1 -. ,w - . ':: _ A Yea a Typical rY' y R. ' r t t`i • historically defined this stretch of the river, the '1#,� F . ., '. r ;^•,kt, a r /, property includes native stands of walnut, basswood, . • " �; i t' `� ".......„,,, `"� �I m "� v' hicko ash and a variety of species of oak. The ,� V.Lt:' . :. ' '' ?., ffi,* Weaver Bottoms area of the Mississippi River can be L r* , -_ r 7 s, seen from the higher bluffs and ridges of the property. 4' r ; f i = '�, ' J ;F - ttS r pe - = For 15 years, Nick watched development gradually ;� ." s intrude into the area. Concerned about the long-term �'," , ` ' �. future of his own property, he contacted the r, '�"' ' Minnesota Land Trust and, in 1998, entered into a '° '`�*t. ' , .,JAi t o `- , ` ,. ` , ,, pry,` conservation easement protecting the property's _`_ �*# ` ' m.. ,'k 4.. ' scenic setting and woodland habitat. Photo by Marc Wood The easement allows for limited timber harvest and In 1998, Nick Gulden placed a conservation easement enhancement of wildlife habitat. In addition to a on his Wabasha County property through the Minnesota Land Trust to protect habitat for a variety single campsite, the easement provides for the of wildlife. construction of a small shed on a designated site where it will not interfere with the scenic these pressures and preserved its beauty and natural characteristics of the property or its value as wildlife state with a conservation easement. The easement habitat. It also allows Nick to continue to maintain old allows for a small cabin in the future, but prohibits all field and logging roads for walking trails and fire development along the lakeshore and any use of the breaks. All other development is prohibited. property that would interfere with important natural habitat or scenic values. Nick and his friends continue to hunt deer,turkey and grouse on the property. After he retires,Nick plans to "Our family wanted to preserve an undeveloped selectively harvest some of the timber, but for now he segment of lakeshore in its scenic, natural state and be manages his woods for wildlife habitat, hunting and assured that it would remain protected for future recreation.And with the conservation easement in generations," said Bruce Garbisch. "I'm grateful that place,Nick is confident that others will also be able to the Minnesota Land Trust makes this type of enjoy these scenic bluffs and woodlands for years to conservation effort feasible for private landowners." come. For more information, contact: Minnesota Land Trust 2356 University Avenue W., Suite 240, St. Paul, MN 55114 • ••••-"r'r Phone: (651) 647-9590 of rim Toll-free: (877)MLT-LAND (658-5263) E-mail: mnland@mnland.org C Web site: www.mnland.org Together, using tools such as conservation easements, we can permanently protect the land and water resources that define Minnesota communities. February 2002 Meeting Date: 12/4/2007 Agenda Item: q)) , Planning Commission/City Council 6 I) C Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Reschedule the January 1, 2008 Planning Commission and City Council meetings. Deadline/ Timeline: N/A Background: • The first Tuesday of January, 2008 falls on New Years Day and must be rescheduled. • Possible alternate dates for the meeting include: Wednesday, January 2 or Thursday, January 3. Recommendation: I recommend that the Commission and Council select an alternate date for the first meeting of 2008. Attachments/ • None Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (jan 1 meeting) Page 1 of 1 11/26/07